Pennsylvania State Police
Department Headquarters
Bureau of Research and Development
1800 Elmerton Avenue
Harrisburg, PA 17110
ATTN: Supervisor, Policies and Procedures Section
Re: Chapter 119 Public Records Request
To Whom It May Concern:
This is a formal request pursuant to 65 PS § 66.1-66.9, on behalf of the undersigned, to allow inspection and copying of the following public records,[1] including, but not limited to letters, correspondence, tape recordings, notes, data, memoranda, reports, email, computer source and object code, technical manuals, technical specifications, or any other materials, held by the Pennsylvania State Police Department regarding the Multistate Anti-Terrorism Information Exchange (MATRIX).
This request includes, but is not limited to records regarding:
This request also includes, but is not restricted to information regarding similar activities being conducted by any public and/or private agency or organization.
Pennsylvania's Public Records Law expresses the state's policy that all state records be available at all times for inspection by any person. In accordance with 65 PS § 66.1-66.9, we would like the requested records to be made available to us immediately. If, for any reason, any of the requested records will not be made available to us immediately, please advise us in writing as soon as possible at fax number (215) 592-1343.
Pursuant to 65 PS § 66.1-66.9 further provides that if the person who has custody of a public record contends that the record or part of it is exempt from inspection, such person must state the basis for the exemption which the person contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. Additionally, if requested by the person who has custody of the public record must state in writing and with particularity the reasons for his conclusion that the record is exempt. We hereby request that any person claiming an exemption state in writing both the statutory citation for any exemption deemed applicable to any requested record and the specific reasons for a conclusion that any requested record is exempt.
Pennsylvania provides that a person who has custody of a public record and who asserts that an exemption applies to a particular public record or part of such record shall delete or excise from the record only that portion of the record with respect to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and examination.
Also, please note that Pennsylvania's Right to Know Law prohibits the destruction of any of the requested records, including any which you claim are exempt, for a period of 30 days after the date on which you receive this written request. If a civil action is instituted to enforce the Public Records Law with respect to the requested records within the 30-day period, you may not dispose of the records except by court order after notice to all affected parties.
As used herein, the term ""relating to"" is used in the broadest possible sense and means and includes: describing, explaining, analyzing, encompassing, including, containing, embodying, comprising, identifying, constituting, verifying, reflecting, referring to, containing reference to, contradicting, refuting, evidencing, dealing with, commenting on, responding to, supplementing, and/or supporting. The word ""relating"" is defined to include the common meaning of those terms, and shall include indirect as well as direct references to, description of or commentary on the subject matter set forth in this Request.
The word ""documents"" is used in the broadest possible sense, and means and includes all written, recorded, or graphic matters, however produced or reproduced, including computer files, tapes, disks or diskettes and computer generated reports, whether or not privileged, pertaining in any way to the subject matters of this Request. This definition includes, but is not limited to, any and all originals, copies, or drafts of any and all of the following which are in the possession, custody and control of any Department official, employee, agent or representative: records, notes, messages, phone messages, summaries, schedules, contracts or agreements; plans, drawings, maps, specifications, invoices, proposals, quotations, orders or acknowledgments; diaries or desk, pocket or other calendars; reports, forecasts, financing statements, instruments, financial statements, books of account, ledgers, journals, accounting or other work papers; charts, schedules, tabulations or appraisals; memorandum, letters, e-mails, telegrams, telexes, or cables prepared, drafted, received or sent; tapes, transcripts or recordings; photographs, pictures or films; or any other graphic recorded or written material of any nature whatsoever. ""Document"" shall be deemed to include any summary of a document of documents requested.
The word ""communications"" means any transfer of information regardless of means of communication, including but not limited to, those by oral, written, electronic, photographic or other means, and includes any record or memorialization of the communication by any means whatsoever.
Please be advised that this Public Records Request is intended to be as broad and inclusive as permitted by law and is intended to apply to all officers, officials, employees, departments, divisions, bureaus, commissions, councils, and any other private agency, person, partnership, corporation or business entity acting on behalf of, or with the knowledge of, the Department.
In accordance with state law and in furtherance of compliance with our Public Records Request, we ask that the custodians of the records hereby requested make an investigation of this Request to ensure full compliance with all applicable provisions of 65 PS § 66.1-66.9.
We agree to compensate the Department for the cost of duplicating any of the records of which we request duplication, as provided by law. Upon locating the requested documents, please contact us prior to photocopying and advise us of the actual costs of duplication or any necessary staff research time so that we may decide whether a narrowing of the request will be necessary.
If you have any questions, please do not hesitate to contact us. Your immediate attention to these matters is greatly appreciated. Thank you for your assistance.
Sincerely,
/s/
Stefan Presser, Esq.
Legal Director
ACLU of Pennsylvania
[1] The term ""record(s)"" as used herein shall mean ""all documents, papers, letters, maps, books, tapes, photographs, films, recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.