Document Request related to firing of Ellarea Silva (Office Of The Mayor)

To whom it may concern,
The Mayor is the Custodian of Records and proper party for submissions of most public records request ("PRR"), and as he customarily directs that I address these sorts of requests when made, I am responding on his behalf to acknowledge receipt of your PRR for information related to:

1. Any e-mails between the mayor's office, the city council and its members, the school board, and Northwestern Middle School administrators related to the investigation into the sexual misconduct of former Northwestern Middle School teacher Ellarea Silva
2. Any e-mails between the mayor's office, and the Zachary Police Department concerning the above matter.
3. Any documents relating to the Zachary Police Department's investigation of the above matter.
4. Any e-mails or other communications between the Mayor's office, city council members, or Police Department that reference City Councilman La'el Collins
I have taken the liberty of numbering the respective requests. It appears that the PRRs numbered 1,2 & 4 would be in the Mayor's area of responsibility but that PRR numbered # 3 would lie solely with the Chief of Police, David McDavid, as its custodian of records. I have asked the Mayor's office to forward the PRR to his attention as well to address. The Mayor's office has no documents responsive to that PRR #3 request.
With regard to your PPRs numbered 1,2 & 4, the City is searching for documents that may be responsive. With that being said, please know that pursuant to the applicable provisions of LSA RS 44:32(C)(1)( a), the City has an established policy for charges for copies as a uniform schedule for receipt of PRR documents.

* Viewing and examination of the same are free of charge at the location where the specific records are kept. You make your own copies with your own reproduction equipment as desired.
* $.50/page for electronic copies (for letter or legal size only) payable in advance,
* $1.00/page for hard copies (of letter or legal size) payable in advance, and
* $5.00/page for hard copies (large documents - >8 ½ x 14) payable in advance.
You should also appreciate that Article 7, §14 of the Louisiana Constitution prohibits the City from waiving these fees once established.

With that being said, the City will make search for and the determination whether there are documents responsive to your PRR. You will be notified and at that time, you may advise as to how you wish to proceed.

To whom it may concern,

I am responding on behalf of the Records Division at the Zachary Police Department. We are in receipt of your public records request. We will only be responding to #3 of your request.
The Initial Report is what is considered to be public record for an open case. Therefore, I have attached a copy of the booking information along with a copy of the initial report.

I have also attached a invoice for the Reimbursement fee for a certified copy of this report. Please forward payment to the Zachary Police Department.

La. R.S. 44:3. Records of prospective, investigative, and law enforcement agencies, and communications districts
(4)(a) The records of the arrest of a person, other than the report of the officer or officers investigating a complaint, until a final judgment of conviction or the acceptance of a plea of guilty by a court of competent jurisdiction. However, the initial report of the officer or officers investigating a complaint, but not to apply to any follow-up or subsequent report or investigation, records of the booking of a person as provided in Louisiana Code of Criminal Procedure Article 228, records of the issuance of a summons or citation, and records of the filing of a bill of information shall be a public record. (b) The initial report shall set forth: (i) A narrative description of the alleged offense, including appropriate details thereof as determined by the law enforcement agency. (ii) The name and identification of each person charged with or arrested for the alleged offense. (iii) The time and date of the alleged offense. 6 (iv) The location of the alleged offense. (v) The property involved. (vi) The vehicles involved. (vii) The names of investigating officers.

La. AGO 18-0174. Affidavits of probable cause, executed by law enforcement officers in support of arrest warrant applications are public records that are exempt from otherwise mandatory disclosure under various provisions of La. R.S. 44:3.

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I am responding on behalf of the Mayor for the City of Zachary (the “City”) with regard to your Public Records Request (“PRR”) for information related to:
1. Any e-mails between the mayor's office, the city council and its members, the school board, and Northwestern Middle School administrators related to the investigation into the sexual misconduct of former Northwestern Middle School teacher Ellarea Silva
2. Any e-mails between the mayor's office, and the Zachary Police Department concerning the above matter.
3. Any documents relating to the Zachary Police Department's investigation of the above matter.
4. Any e-mails or other communications between the Mayor's office, city council members, or Police Department that reference City Councilman La'el Collins

As previously reported, the PRRs numbered 1,2 & 4 would be in the Mayor's area of responsibility as they relate to the administration of the City (but excluding the Zachary Police Department). Additionally, any request for emails of the “school board” or Northwestern Middle School Administrators should be made to the Zachary Community School District. The independent school system is a separate public political subdivision not affiliated with the City but to which the corporate limits of the City are within a portion of the limits of the independent school district.
After searching for same, the City of Zachary has no documents that are responsive to the PRRs # 1,2 & 4 above. With specific regard to PRR # 3, while the City administration has no documents responsive, we have been informed that the Zachary Police Department will have an initial police report that is responsive to such request. That document is not in the custody and control of the administration of the City of Zachary. Any request for a review of a document responsive should be made directly to the Police Chief, David McDavid, as the Custodian of Records for the Zachary Police Department.

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Good morning,
On March 2, 2020, the Mayor’s office responded to this Public Records Request in the following manner -

Subject: RE: Louisiana Public Records Law Request: Document Request related to firing of Ellarea Silva (Office Of The Mayor)
I am responding on behalf of the Mayor for the City of Zachary (the “City”) with regard to your Public Records Request (“PRR”) for information related to:
1. Any e-mails between the mayor's office, the city council and its members, the school board, and Northwestern Middle School administrators related to the investigation into the sexual misconduct of former Northwestern Middle School teacher Ellarea Silva
2. Any e-mails between the mayor's office, and the Zachary Police Department concerning the above matter.
3. Any documents relating to the Zachary Police Department's investigation of the above matter.
4. Any e-mails or other communications between the Mayor's office, city council members, or Police Department that reference City Councilman La'el Collins
As previously reported, the PRRs numbered 1,2 & 4 would be in the Mayor's area of responsibility as they relate to the administration of the City (but excluding the Zachary Police Department). Additionally, any request for emails of the “school board” or Northwestern Middle School Administrators should be made to the Zachary Community School District. The independent school system is a separate public political subdivision not affiliated with the City but to which the corporate limits of the City are within a portion of the limits of the independent school district.
After searching for same, the City of Zachary has no documents that are responsive to the PRRs # 1,2 & 4 above. With specific regard to PRR # 3, while the City administration has no documents responsive, we have been informed that the Zachary Police Department will have an initial police report that is responsive to such request. That document is not in the custody and control of the administration of the City of Zachary. Any request for a review of a document responsive should be made directly to the Police Chief, David McDavid, as the Custodian of Records for the Zachary Police Department.

There has been no change in response to this PRR in that the City of Zachary has no documents that are responsive to the PRRs # 1,2 & 4 above, and with specific regard to PRR # 3, while the City administration has no documents responsive, you were informed on March 02, 2020 that the Zachary Police Department had an initial police report that was responsive to such request. Further, that any request for a review of that document responsive should be made directly to the Police Chief, David McDavid, as the Custodian of Records for the Zachary Police Department.

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I have responded to this request in February of 2020. Mr. Stern/Muckrock was also provided a Certified copy of the Public Record Initial Report and invoice for the cost. They can be found attached to the online request. On 03/16/2020, we received payment for that invoice.
This is still an "Open Investigation"; therefore, we have nothing more to release at this time. I have included within this e-mail all e-mail correspondence for this request.

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