UVA Petraeus correspondence

J.K. Trotter filed this request with the University of Virginia of Virginia.
Status
Rejected

Communications

From: J.K. Trotter

To Whom It May Concern:

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

Any and all correspondence, written or electronic, dated between November 9 2012 and November 4 2013, between officials at the University of Virginia and David Petraeus or his representative Robert Barnett.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

J.K. Trotter

From: J.K. Trotter

Amended description of records requested:

Any and all correspondence, written or electronic, dated between November 9 2012 and November 4 2013, between officials, EMPLOYEES, AND/OR STAFF MEMBERS at the University of Virginia and David Petraeus or his representative Robert Barnett.

From: Perez, Lorenzo (ljp2h)

Your Nov. 4 requests for documents under the Virginia Freedom of Information Act (FOIA) has been referred to U.Va’s Office of University Communications for a response.

Please note that you are not eligible to make a request under the Virginia FOIA (Va. Code §2.2-3704(A)), under which only citizens of the Commonwealth of Virginia, representatives of newspapers and magazines with circulation in the Commonwealth and representatives of radio and television stations broadcasting in or into the Commonwealth are entitled to information under this statute.

Sincerely,

Lorenzo Perez
FOIA Coordinator
Office of University Communications
University of Virginia
Ph: 434-924-3629

From: MuckRock.com

Hello,

We have received your response to my records request, and are aware of the "citizen" language in the Virginia FOIA statute. However, please consider this advisory brief from the Virginia FOIA Council, which advises agencies to treat in-state and out-of-state requesters without distinction:

http://foiacouncil.dls.virginia.gov/out%20of%20state%20requests.pdf

In sum, the citizenship language is discretionary -- your agency absolutely has the discretion to release these records to me without regard to where a requester happens to live.

Thank you.

From: Perez, Lorenzo (ljp2h)

Our office is aware of the advisory brief, and of the recent Supreme Court ruling that states have the right to limit public records requests to only residents of that state.

In accordance with University policy, your FOIA request has been denied.
--
Lorenzo Perez
FOIA Coordinator
Office of University Communications
University of Virginia
Ph: 434-924-3629

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