UVA Petraeus correspondence (Proxy)
| Submitted | Nov. 6, 2013 |
| Est. Completion | None |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to Virginia Freedom of Information Act and as a citizen of Virginia, 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,
David Pardo
From: MuckRock
Hello,
Please amend this request to the following:
All electronic correspondence, dated between November 9 2012 and November 4 2013, exchanged between either David Petraeus or Robert Barnett and any of the following University of Virginia employees: John D. Simon, Teresa A. Sullivan, and Allen Groves.
Thank you. Please confirm receipt.
From: Perez, Lorenzo (ljp2h)
Mr. Pardo,
Your amended request for documents under the Virginia Freedom of Information Act (FOIA) has been referred to the Office of University Communications for review.
As previously indicated in a response to a similarly worded response to a request from another individual representing MuckRock.com, under the Virginia FOIA (Va. Code §2.2-3704(A)), 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.
Your request has been denied as an out-of-state request.
Thanks for your time.
--
Lorenzo Perez
FOIA Coordinator
Office of University Communications
University of Virginia
Ph: 434-924-3629
From: MuckRock
Hello,
Thank you for acknowledging my request. This request is for a citizen of Virginia. Please process it accordingly.
Thank you.
From: Perez, Lorenzo (ljp2h)
Please advise your client that should he or she wish to submit a FOIA request, they may do so. Your FOIA request, however, has been denied as an out-of-state request. There will be no further action taken to process it.
Per University policy, and as permitted under the Virginia Freedom of Information Act, our office will not process a public record request from an out-of-state entity.
Please also relay to your client that under the Virginia FOIA, a requester may be asked to provide his or her name and personal address (§ 2.2-3704(A)). Our office requires the requester's identity, including proof of residency within Virginia. To be clear, this information must be provided by the actual requester, not by an out-of-state proxy.
I hope this clears up any remaining confusion.
--
Lorenzo Perez
FOIA Coordinator
Office of University Communications
University of Virginia
Ph: 434-924-3629
From: MuckRock
Hello,
To be clear, once again, you are denying a request submitted on behalf of a resident of Virginia. While the statute allows agencies discretion to reject requests from out-of-state individuals,neither it nor the SCOTUS ruling leaves any doubt as to in-state individuals' right to access public records such as these. The means by which an in-state requester submits that request has no bearing on said rights, as was made doubly clear by the SCOTUS ruling.
Kindly proceed with processing this request or else indicate the appropriate appeal authority to uphold your obligations under the Virginia FOIA.
Thank you.
From: Perez, Lorenzo (ljp2h)
Mr. Pardo:
The Virginia FOIA is clear on this issue. I refer you to Va. Code §2.2-3704(A): “The custodian may require the requester to provide his name and legal address.”
If and when we receive a request that comports with the requirements of Virginia law, we will respond as required.
--
Lorenzo Perez
FOIA Coordinator
Office of University Communications
University of Virginia
Ph: 434-924-3629
From: Lorenzo Perez
To whom it may concern:
The Office of University Communications has completed its processing of your FOIA request, as amended on Nov. 13.
(The amended version of your request has been included, for your reference, below my signature.)
The University has no records responsive to your request.
Thanks for your patience.
--
Lorenzo Perez
FOIA Coordinator
Office of University Communications
University of Virginia
Ph: 434-924-3629
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