Civil Asset Forfeiture (police department)

Craig O'Donnell filed this request with the police department of Dover, DE.
Tracking #

2018-135

Multi Request Civil Asset Forfeiture
Status
Completed

Communications

From: Craig O'Donnell


To Whom It May Concern:

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

-The Equitable Sharing Agreement and Certification forms submitted as required to the United States Department of Justice for the years 2011 through 2018.
-Total civil asset forfeiture figures per year for the years 2010 through the date this request is processed.
-Grant application documents submitted to SLEAF, 2010 to date
-Grant awards (notifications, transmittal letters, etc) from SLEAF, 2010 to date

Note that I am a resident of Delaware. Electronic records are preferred. Hard copy can be mailed to C O'Donnell, Dover Post, 1196 S. Little Creek Road, Dover, DE 19901.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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 15 business days, as the statute requires.

Sincerely,

Craig O'Donnell

From: police department

Mr. O'Donnell:

We are in receipt of your request for information in accordance with the Freedom of Information Act (FOIA). It is the intent of the City of Dover to perform business in an open and public manner and to grant reasonable access to public records. The City of Dover FOIA policy complies with requirements set forth in the Delaware Code which state:

"All public records shall be open to inspection and copying during regular business hours by the custodian of the records for the appropriate public body. Reasonable access to and reasonable facilities for copying of these records shall not be denied to any citizen."

Please note that production and administrative costs may be incurred if staff time is required to gather information to respond to your request. Prior to fulfilling your request, we will advise you of an estimate of the costs involved (if any). It is to your benefit that your request be stated as specifically as possible in order to avoid unnecessary expense.

The City of Dover FOIA Policy and General FOIA information regarding the processing of FOIA requests (including the FOIA Fee Structure) are available on the City of Dover website (www.cityofdover.com/FOIA<https://www.cityofdover.com/FOIA>).

Please address all follow up correspondence regarding this matter to cityclerk@dover.de.us<mailto:cityclerk@dover.de.us.>. Please feel free to contact me if I can provide you with any additional information regarding your FOIA request.

Thank you,
Janella Tauchus
Administrative Assistant
City Clerk's Office- City of Dover
City Hall - 15 Loockerman Plaza
Dover, DE 19901
(302) 736-7008

From: police department

Mr. O'Donnell:

I am writing in response to your request for information under the Freedom of Information Act (FOIA). Attached please find an invoice that lists the estimated cost of responding to your request. If you wish to proceed, please remit payment to the City of Dover. Contact information is included on the attached invoice. Upon receipt of your payment, we will move forward with processing your request.

Please contact the City Clerk's Office at (302) 736-7008 if you have any questions regarding your FOIA request.

Thank you,
Janella Tauchus
Administrative Assistant
City Clerk's Office- City of Dover
City Hall - 15 Loockerman Plaza
Dover, DE 19901
(302) 736-7008

From: Craig O'Donnell

Hello,

if the request is limited to 2017 and 2018, what is the anticipated cost?

Thanks.

From: Craig O'Donnell

Please break down your cost estimate by each of the categories below:

1 -The Equitable Sharing Agreement and Certification forms submitted as required to the United States Department of Justice for the years 2011 through 2018.
2 -Total civil asset forfeiture figures per year for the years 2010 through the date this request is processed.
3 -Grant application documents submitted to SLEAF, 2010 to date
4 -Grant awards (notifications, transmittal letters, etc) from SLEAF, 2010 to date

From: police department

Mr. O'Donnell:

In response to your email from October 1, 2018, the City of Dover Police Department has stated that if the requested information, equitable sharing agreement and certification forms, total civil asset forfeiture figures and grant applications and awards, is limited to the years 2017 and 2018, the request would take less than 15 minutes to retrieve, therefore, there would be no associated cost with that request.

I have forwarded your request dated October 2, 2018 to the City of Dover Police Department and will advise you on their response upon receipt.

Thank you,
Janella Tauchus
Administrative Assistant
City Clerk's Office- City of Dover
City Hall - 15 Loockerman Plaza
Dover, DE 19901
(302) 736-7008

From: police department

Mr. O'Donnell:

In response to your request for a cost breakdown, attached please find two invoices. One invoice lists the estimated cost of responding to categories 1 and 2 and the second invoice lists the estimated cost of responding to category 3. The City of Dover Police Department has stated that SLEAF does not issue award documents or transmittal letters, therefore, they would not be able to provide that information. Please let us know how you would like to proceed with your FOIA request.

Thank you,
Janella Tauchus
Administrative Assistant
City Clerk's Office- City of Dover
City Hall - 15 Loockerman Plaza
Dover, DE 19901
(302) 736-7008

From: Craig O'Donnell

Please provide only:

1 -The Equitable Sharing Agreement and Certification forms submitted as required to the United States Department of Justice for the years 2011 through 2018.

I will note that multiple agencies responding to this identical request have indicated that this takes one hour or less and therefore there is no charge.

From: police department

Mr. O'Donnell:

I am writing in response to your request for information under the Freedom of Information Act (FOIA). Attached please find an invoice that lists the estimated cost of responding to your request. If you wish to proceed, please remit payment to the City of Dover. Contact information is included on the attached invoice. Upon receipt of your payment, we will move forward with processing your request.

Please contact the City Clerk's Office at (302) 736-7008 if you have any questions regarding your FOIA request.

Thank you,
Janella Tauchus
Administrative Assistant
City Clerk's Office- City of Dover
City Hall - 15 Loockerman Plaza
Dover, DE 19901
(302) 736-7008

From: Craig O'Donnell

I will come by next week with $2.81.

Since this request is for a news story, a fee waiver may be more appropriate.

On a separate topic, who is the Police Resource Manager and how is the $76+ per hour figure calculated? That comes to $158,000 a year in salary, which seems very much inflated. Also, it is entirely unclear what the Police Research Manager is doing for 1/2 hour when the items in the request come to roughly 10 pages of federally mandated reports that other jurisdictions have provided without cost.

From: police department

Mr. O'Donnell:

As you indicated in your previous email, you would like to have all costs associated with this request waived. In accordance with the City of Dover Freedom of Information Act (FOIA) Policy - Public Access, the criteria listed in Section 5.4 - Fees for Responding to FOIA Requests, shall be used to determine if a fee for a FOIA request shall be waived. The City's FOIA Policy is available on the City of Dover Website and can be accessed at the following link: www.cityofdover.com/FOIA<https://www.cityofdover.com/FOIA>. For your convenience attached please find a copy of the City's Request for Waiver/Affidavit - On Public Assistance or Indigent form.

In response to your question regarding the calculation for the Police Resource Manager rate, overhead rates for Freedom of Information Act requests are determined by calculating the employee's base hourly rate and benefits. The attached invoice reflects that it will take the Police Resource Manager 20 minutes to retrieve the information you requested. Upon receipt of your payment, we will move forward with processing your request.

Thank you,
Janella Tauchus
Administrative Assistant
City Clerk's Office - City of Dover
P.O. Box 475
Dover, DE 19903
(302) 736-7008

From: police department

Mr. O'Donnell:

I am writing in response to your request under the Freedom of Information Act (FOIA) for Equitable Sharing Agreement and Certification forms submitted as required to the United State Department of Justice for the years 2011 through 2018. Attached please find the information that you requested.

The City of Dover Police Department has advised that the equitable sharing funds received during each year is shown on line two (2) of the reports.

Please note that some information has been redacted due to privacy concerns.

Please let us know if you have any questions regarding your FOIA request.

Thank you,
Janella Tauchus
Administrative Assistant
City Clerk's Office - City of Dover
P.O. Box 475
Dover, DE 19903
(302) 736-7008

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