West Virginia State Police 1033 emails and memos

Shawn Musgrave filed this request with the West Virginia State Police of West Virginia.
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Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the West Virginia Freedom of Information Act and the West Virginia Open Governmental Proceedings Act, I hereby request the following records:

All emails sent to or received by Lawrence Messina and/or Melinda Craddock (please conduct separate searches) that contain the following keyword:

"1033"

Please conduct a search for emails from July 1, 2014 to the date this request is received.

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,

Shawn Musgrave

From: Melinda G. Craddock

Mr. Musgrave,

In response to your request dated September 18, 2014 the information you
requested has been located. Please remit check or money order payable to the
West Virginia State Police in the amount of $80.00 to the address below to
the attention of "Legal Division.", the information will be mailed to you up
on receipt of payment.

Mendi Craddock

Paralegal

West Virginia State Police

725 Jefferson Road

South Charleston, WV 25309

Telephone: 304-746-2113

Fax: 304-746-2421

WVSP

CONFIDENTIALITY NOTE:

This e-mail and any attachments are confidential and may be protected by
legal privilege. If you are not the intended recipient, be aware that any
disclosure, copying, distribution or use of this e-mail or any attachment is
prohibited. If you have received this e-mail in error, please notify us
immediately by returning it to the sender and delete this copy from your
system. Thank you for your cooperation.

From: Shawn Musgrave

Ms. Craddock -

Please provide a breakdown of this fee — it is significantly higher than expected. How many pages of documents were located?

-Shawn

From: Melinda G. Craddock

Mr. Musgrave,

A total of four (4) separate documents have been located relevant to your request. Our fee for documents of 50 pages or less is length is $20.00 per document.

Please be advised that the West Virginia State Police does not maintain emails for Lawrence Messina, therefore you will need to contact the West Virginia Department of Military Affairs and Public Safety for your request.

From: Shawn Musgrave

Ms. Craddock -

Thank you for your response. Please clarify the total fee estimate for this request -- is it $20 or 4 x $20?

Thank you for your prompt help and attention.

-Shawn

From: Melinda G. Craddock

Mr. Musgrave,

Correct, four (4) separate documents at $20.00 each, which would be a total of $80.00.

From: Shawn Musgrave

Ms. Craddock -

Can you provide a total page count?

Best,
Shawn

From: Melinda G. Craddock

Mr. Musgrave,

Each document found contains more than one page, are you wanting page count of each document found or total page count of all documents combined? Each document is less than 50 pages, which will cost $20.00 per document because these documents are not combined.

From: Shawn Musgrave

Ms. Craddock -

I am interested in the total page count for each document.

Best,
Shawn

From: Shawn Musgrave

Ms. Craddock -

Checking on the page count again.

-Shawn

From: Melinda G. Craddock

Mr. Musgrave,

I will print out the documents and let you know the total once there has been a determination as to any redactions. However, the fact remains that you are requesting four separate documents and each set of documents will cost you $20.

Mendi Craddock

From: Shawn Musgrave

Ms. Craddock -

Thank you for providing a final page count. I would also request that you point me to the policy mandating a $20 fee for each individual document under 50 pages — this seems like an incredibly high charge.

Respectfully,
Shawn

From: Melinda G. Craddock

Mr. Musgrave,

Pursuant to W.Va. Code §29B-1-3 (5), the West Virginia State Police may establish fees to constitute the cost of searching and reproducing requested records.

Mendi

From: Shawn Musgrave

Ms. Craddock -

Thank you for citing the relevant portion of the statute. Is there a WVSP policy that was promulgated pursuant to this provision? If so, please indicate and attach if possible.

Respectfully,
Shawn

From: Melinda G. Craddock

Mr. Musgrave,

These correspondences are regarding a FOIA request for 1033 emails memos, please do a separate request for the WVSP Policy you are wanting since you are requesting another public record not specific to 1033 emails and memos.

Pursuant to W.Va. Code §29B-1-3(2), your request shall be made directly to the custodian of public record. For future requests, please direct them to the Superintendent in your emails or faxes.

Mendi Craddock

From: Shawn Musgrave

Ms. Craddock -

Apologies for any confusion. I asked you to point me to the policy underlying your fee estimate of $80 not as a separate FOIA request, but as clarification. I did so, frankly, because even if each document were 50 pages (and thus the total page count 200 pages), this would come to a rate of $0.40 per page — this rate is out of line with reasonable reproduction costs in 2014.

In light of the above, I was seeking confirmation that your fee estimate was based on a solid policy of the West Viriginia State Police. If you are able to provide such confirmation to me, I would very much appreciate it. If you do require that a separate FOIA request be submitted in order to release a simple policy document, I would also be happy to do so. However, I hope you'll agree that this would be an unnecessary step.

Respectfully,

Shawn Musgrave
MuckRock

From: Shawn Musgrave

Ms. Craddock -

Checking on the below. Again, the fee estimate seems quite high, and I would appreciate further explanation.

Best,
Shawn

From: Virginia Lanham

Mr. Musgrave,

It is my understanding that you are concerned about the fee schedule for
foia requests. The most notable place the fee schedule is set out is on the
attached request form. The majority of our foia requests are for criminal
and traffic records, the fee schedule however remains consistent no matter
what type of record is requested.

Thank you.

Virginia Grottendieck Lanham

West Virginia State Police

Legal Section

725 Jefferson Road

South Charleston, West Virginia 25311

Phone 304.746.2113

Fax 304.746.2421

From: Shawn Musgrave

Ms. Lanham -

Thank you for providing the request form with fee schedule. I do not see any mention of a blanket $20 fee for documents under 50 pages — I see such a charge for crime/vehicle crash reports, and a mention of a $1 per page charge for reports over 50 pages.

Again, Ms. Craddock has yet to provide any page count short of indicating that each of the four documents is less than 50 pages, so it is difficult for me to assess whether the $80 fee is reasonable.

Please advise.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Ms. Lanham and Ms. Craddock -

Checking on this once again.

-Shawn

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Virginia Lanham

Dear Mr. Musgrave:

On September 18, 2014 you sent to the West Virginia State Police a FOIA
request for "All emails sent to or received by Lawrence Messina and/or
Melinda Craddock (please conduct separate searches) that contain the
following keyword: "1033". You requested that the search be conducted from
July 1, 2014 to the date the request was received.

Ms. Craddock sent you an email on September 24, 2014 requesting payment.
The two of you then had a discussion via email concerning the number of
pages of the documents that were located. Subsequently, I corresponded with
you by email concerning the same.

The answer to your question is that there are three emails responsive to
your request. Two of those emails are one page in length and the third is
two pages in length. The total number of pages is 4.

Should you have any further questions or concerns, please let me know.

Virginia Grottendieck Lanham

West Virginia State Police

Legal Section

725 Jefferson Road

South Charleston, West Virginia 25311

Phone 304.746.2113

Fax 304.746.2421

From: Shawn Musgrave

Ms. Lanham -

Thank you for the clarification that the fee of $80 is for three emails totaling 4 pages in length. Please advise as to the fee breakdown by which such a meager number of documents corresponds to such a high fee.

Respectfully,

Shawn Musgrave
MuckRock

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

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