ICE emails

Brian Waters filed this request with the Department of Motor Vehicles of Vermont.
Est. Completion None
Status
Fix Required

Communications

From: Brian Waters


To Whom It May Concern:

Pursuant to the Vermont Public Records Act, I hereby request the following records:

Any email messages sent or received by DMV employees or officials in 2017 or 2018, containing "ice.gov" in any of the following fields:
To
From
Cc
Bcc

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Brian Waters

From: Department of Motor Vehicles

Good Morning,

Pursuant to 1 V.S.A. § 318(a)(5), "the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request", and "the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request", the Department of Motor Vehicles will respond to your public records request as soon as possible, but not later than September 24, 2018. The response will include an estimate of fees based upon 1 V.S.A. § 316(d).

Shannon Fassett
Vermont Department of Motor Vehicles
Motor Vehicles Section Manager
(802)828-2066 Work
(802)828-2170 Fax
Shannon.fassett@vermont.gov
120 State St
Montpelier VT 05603

"You can quit if you want and no one will care. But you will know the rest of your life."
John Collins (Co-founder of The Ironman)

From: Department of Motor Vehicles

Good Afternoon,

Please find attached the certification of no records found for your public records request.

Shannon Fassett
Vermont Department of Motor Vehicles
Motor Vehicles Section Manager
(802)828-2066 Work
(802)828-2170 Fax
Shannon.fassett@vermont.gov <mailto:Shannon.fassett@vermont.gov>
120 State St
Montpelier VT 05603

"You can quit if you want and no one will
care. But you will know the rest of your life."
John Collins (Co-founder of The Ironman)

From: Brian Waters

Hi Shannon,

A few weeks ago, I submitted a public records request regarding emails to or from federal Immigration and Customs Enforcement, or ICE. However, I erroneously asked you to search for emails to or from "ice.gov", and you found no such records. However, ICE in fact uses "ice.dhs.gov" for email. As such, I'd like to make an adjustment to my original request, and ask you to search for any email messages sent or received by DMV employees or officials in 2017 or 2018, containing "ice.dhs.gov" in any of the following fields:
To
From
Cc
Bcc

Thank you for the work you have done to fulfill this request.
Brian Waters

From: Department of Motor Vehicles

Good Afternoon,

To comply with your request, this office would need to make a new record by printing each electronic record. Relevant costs are outlined below. Please be aware that the work involved exceeds the resources of this office, and that production in response to your request will disrupt our ability to comply with the regular flow of the Department of Motor Vehicles workload.

It is therefore likely that complying with your request will require this office to hire additional staff. For relevant provisions of law, please see the following: 1 VSA 316(i) (“[i]f an agency maintains public records in an electronic format, nonexempt public records shall be available for copying”; agency not required to create a public record or provide copies in a nonstandard format); 1 VSA 316(h) (defining “standard format” for electronic records as “the format in which the record is maintained”); 1 VSA 316(g) (“nothing in this section shall be construed to require the public agency to provide or arrange for copying service, to use or permit the use of copying equipment other than its own, [or] to permit operation of its copying equipment by other than its own personnel”); 1 VSA 316(j) (public agency may make reasonable rules to prevent disruption of operations).

There are estimated to be 1,422 emails that fit the criteria specified. The tool that I'm given for the search does not tell me how many pages there are or how many contain attachments. Pursuant to 1 V.S.A. § 316(d), there is a $.05 charge per page. There is also a $.33 per minute charge for physically duplicating a record (after the first 30 minutes). The records found would need to be exported and printed. Due to the sensitive nature of the contents (names, dates of birth, social security numbers, etc.), each email and attachment will need to be reviewed for redaction purposes and $.45 per minute.

Please let me know if you would like to proceed. The department would be happy to work with you to narrow the request. If the request goes forward as is, we will then explore our ability to hire additional personnel to comply with your request so as to avoid disruption of department operations.

Shannon Fassett
Vermont Department of Motor Vehicles
Motor Vehicles Section Manager
(802)828-2066 Work
(802)828-2170 Fax
Shannon.fassett@vermont.gov <mailto:Shannon.fassett@vermont.gov>
120 State St
Montpelier VT 05603

“You can quit if you want and no one will
care. But you will know the rest of your life.”
John Collins (Co-founder of The Ironman)

From: Brian Waters

Hi Shannon, thanks for the response.

Do you think the number of emails would be significantly reduced if we restricted the scope of the request to only concern DMV employees who work for the Enforcement and Safety division?

Thanks,
Brian Waters

From: Department of Motor Vehicles

Good afternoon. I don’t think it would significantly reduce the number because it is primarily the Enforcement and Safety Unit that would have contact with ICE. I also don’t know if I can identify all of the Enforcement and Safety employees since 2016.

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