NH District Corp Letter of Intent

Tom Nash filed this request with the Virginia Commonwealth University of Virginia.
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Completed

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From: Tom Nash


To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

Any letter of intent, MOU or similar document shared between any VCU entity and NH District Corp. or NH Foundation.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash

From:

Dear Mr. Nash,
This office is in receipt of your request below. Specifically, you have asked for a copy of any letter of intent, MOU or similar document shared between any VCU entity and NH District Corp. or NH Foundation.” VCU Health System Authority maintains a copy of an expired LOI (approximately 5 pgs.) between it and NH District Corporation that is responsive to your request. However, the LOI is being withheld in its entirety pursuant to Code of Virginia §2.2-3705.7(14) which exempts information pertaining to the “determination of marketing and operational strategies where disclosures of such strategies would be harmful to the competitive position of the Authority.” Thank you.
Best,

Michele S. Howell
FOIA Officer
VCU Health System
912 West Grace Street
P.O. Box 842041
Richmond, VA 23284
Phone: (804) 827-3909
Fax: (804) 828-2018
Michele.Howell@vcuhealth.org<mailto:Michele.Howell@vcuhealth.org>
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---------- Forwarded message ---------
From: <requests@muckrock.com<mailto:requests@muckrock.com>>
Date: Sat, Dec 7, 2019 at 10:55 AM
Subject: Virginia Freedom of Information Act Request: NH District Corp Letter of Intent
To: <foiavcu@vcu.edu<mailto:foiavcu@vcu.edu>>

Virginia Commonwealth University
FOIA Office
827 West Franklin Street
Richmond, VA 23284

December 7, 2019

To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

Any letter of intent, MOU or similar document shared between any VCU entity and NH District Corp. or NH Foundation.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash

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From: Tom Nash

Hi Michele,

I appreciate your quoting the law but what exactly is the completion as it pertains to VCU? Is this withholding at the direction of NH Corp?

Thanks

Tom

From: Virginia Commonwealth University

Thank you for your email. I will be out of the office Wednesday, December 11, 2019 but will be happy to get back to you when I return on Thursday.

From: Virginia Commonwealth University

Dear Mr. Nash,

FOIA law requires public bodies to identify any records withheld in response to a FOIA request by identifying “with reasonable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorized the withholding of the records” (See Code of Virginia §2.2-3704(B)(1)). In compliance with that law, the number of pages and the citation for the exemption relied upon to withhold the requested record were identified in the previous response.

Assuming you mean “what exactly is the competitive position as it pertains to VCU” and not “what exactly is the completion”, VCU Health Authority has nothing to add to its previous response. Any further explanation of the Authority’s competitive position would defeat the exemption.

Best,

Michele S. Howell
FOIA Officer
VCU Health System
912 West Grace Street
P.O. Box 842041
Richmond, VA 23284
Phone: (804) 827-3909
Fax: (804) 828-2018
Michele.Howell@vcuhealth.org<mailto:Michele.Howell@vcuhealth.org>
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From: Tom Nash

Here is a copy of the mandamus petition filed by attorney Charlie Schmidt.

From: Virginia Commonwealth University

Dear Mr. Nash,

The attached announcement regarding Navy Hill was made today by VCU Health System. In light of the announcement, the health system no longer believes that the disclosure of its Letter of Intent would be harmful to its competitive position and is now releasing the attached copy to you. Thank you.

Sincerely,

Michele S. Howell
FOIA Officer
VCU Health System
912 West Grace Street
P.O. Box 842041
Richmond, VA 23284
Phone: (804) 827-3909
Fax: (804) 828-2018
Michele.Howell@vcuhealth.org<mailto:Michele.Howell@vcuhealth.org>
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