Missing Native Americans

Sovereign Bodies Institute
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>

To whom it may concern,

I am writing regarding your public records request, received April 15, 2019, for "[b]asic information on all cases (open and closed) of missing American Indian/Alaska Native persons (including juveniles) within the state, from 2000 through 2019; this basic information can include but is not limited to: person name, age, DOB, incident date, case closure date, county/jurisdiction in which person was reported missing."

Because of "the need to search for and collect the requested records from field facilities...that are separate from the office processing the request," and the need to search for, collect, and appropriately examine a potentially "voluminous amount of separate and distinct records that are demanded in a single request," the ten business day extension is invoked to process your request. See 1 V.S.A. § 318(b)(5)(A) and (B).

Depending on the amount of records requiring review, we may need additional time beyond the ten days. If this circumstance arises, we will notify you as soon as possible.

Sincerely,

Ms. Grier D. Martin
Public Records Request Specialist
Vermont Department of Public Safety
45 State Drive
Waterbury, VT 05671
Phone: (802) 241-5378
Email: Grier.Martin@vermont.gov<mailto:Grier.Martin@vermont.gov>

The information transmitted by the following e-mail is intended only for the addressee and may contain confidential and/or privileged material. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this email message is strictly prohibited. If you received this communication in error, please contact us immediately at 802-244-8727 and delete this email from your computer or network system. Thank you.

Sovereign Bodies Institute
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>

To whom it may concern,

I am writing regarding your public records request, received April 15, 2019, for "[b]asic information on all cases (open and closed) of missing American Indian/Alaska Native persons (including juveniles) within the state, from 2000 through 2019; this basic information can include but is not limited to: person name, age, DOB, incident date, case closure date, county/jurisdiction in which person was reported missing."

Please note that the Vermont State Police does not track missing persons by race or ethnicity. We have located 5,800 missing persons cases going back to 2000. We have calculated that it would take approximately 386 hours to go through each record and attempt to determine whether the missing person was American Indian/Alaska Native. Factoring in the staff's regularly assigned job duties, a Department of Public Safety ("DPS") staff person could devote 5 hours per week to work on your request. As a result, it would take approximately 77 weeks to respond to this request for voluminous records.

According to the Vermont Public Records Act ("PRA"), "an agency may ...charge and collect the cost of staff time associated with complying with a request for a copy of a public record...the time directly involved in complying with the request [that] exceeds 30 minutes." See 1 V.S.A. § 316(c). The Uniform Fee Schedule for calculating costs, found on the Vermont Secretary of State's website, establishes that after the first 30 minutes involved in physically duplicating a public record, $.33 per minute may be charged for staff time to provide such records. See 1 V.S.A. § 316(d) and the Uniform Fee Schedule at: https://www.sec.state.vt.us/archives-records/certifications-fees/uniform-fee-schedule.aspx

Thank you for requesting the total costs in advance of DPS fulfilling your public records request. It is the policy of DPS to charge for staff time to produce public records after the first two hours. We would therefore charge for 384 hours of staff time involved in producing the requested records, for a total of $7,603.20.

In order to deal with circumstances such as these, 1 V.S.A. § 318 permits a public agency to ask the requester to narrow the scope of the public records request. To expedite a response your request, we invite you to narrow your request by reducing the date range. Please also note that under the PRA, we may not release information that would reveal "the identity of a private individual who is a witness to or victim of a crime, unless withholding the identity or information would conceal government wrongdoing." See 1 V.S.A. § 317(c)(5)(D).

If you would like us to complete this request as it is, given the estimated time it would take, and you agree to pay the above amount, please forward a check to my attention at the address below for $7,603.20, made payable to: Vermont Department of Public Safety.

If you have any questions please contact me.

Sincerely,

Ms. Grier D. Martin
Public Records Request Specialist
Vermont Department of Public Safety
45 State Drive
Waterbury, VT 05671
Phone: (802) 241-5378
Email: Grier.Martin@vermont.gov<mailto:Grier.Martin@vermont.gov>

The information transmitted by the following e-mail is intended only for the addressee and may contain confidential and/or privileged material. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this email message is strictly prohibited. If you received this communication in error, please contact us immediately at 802-244-8727 and delete this email from your computer or network system. Thank you.