Lethal Injection protocol meeting notes and communications (Department of Corrections)

October 2, 2017

Adanya Lustig
MuckRock
requests@muckrock.com<mailto:requests@muckrock.com>

Ms. Lustig,

I am writing to advise you that the Kansas Department of Corrections (KDOC) received your written request on Sept. 29, 2017, for all emails and meeting minutes for members of a lethal injection protocol committee, or equivalent regulatory body, regarding the lethal injection protocol and/or lethal injection drugs from 2010 to present. You stated that if there is not a lethal injection protocol committee, then you request any and all meeting minutes and communications within the Department of Corrections that mention the lethal injection protocol and/or lethal injection drugs from 2010 to present.

In accordance with K.S.A. 45-218 (d), we have begun the process of determining if we possess any public records meeting the terms of your request and how best to proceed. Soon we will provide you with one or more of the following:

1. Copies of the requested public records.

2. A statement concerning our inability to locate any public records meeting the terms of your request.

3. A request for clarification concerning the types of records or information you are seeking.

4. Record requests that can be provided with less than one hour of staff time will not be billed for labor. If we determine that our office possesses the public records you request, but are voluminous, difficult to locate, and/or contain information that may include open and closed information, we will provide you with a written estimate of the fees that we will require be pre-paid in order to pay for the actual costs associated with (a) locating and/or retrieving the public records from storage, (b) staff time spent in assisting with making copies of the records, including staff time spent examining the records for possible closure and/or redaction, and (c) copying and mailing the requested public records. In addition to billing for labor that exceed one hour of staff time, the following rates shall apply:

* Copies, 25 cents per page; mailing, 50 cents for the first five pages, 25 cents for additional five-page increments; fax, 65 cents per 10 pages

* Staff time will be charged at the rate of pay for each person whose time is used in order to assist and/or respond to a specific request. This may include the time spent to access records maintained on computer facilities, review records to determine whether closure exceptions apply and /or to redact open from closed information. For the purpose of transparency, our rates are as follows: general staff time will be charged at $20 per hour, and information technology (IT) services and Legal staff services will be charged at $38 per hour.

* Additional fees may be assessed if any other costs are incurred by KDOC in connection with complying with a record request. KDOC will provide an estimate of the fees which shall be paid prior to the department gathering the records. In order to ensure payment, the final cost of providing access to or furnishing copies must be paid before the records are provided. If the final cost is less than the estimate, the requestor will be reimbursed for the difference.

5. If we determine that we do possess the records, but that the records are subject to closure by law, we will provide you with that information with a written citation to the laws allowing or requiring that type of public record to be closed.

We will respond as soon as possible to your Kansas Open Records Act Request. Please feel free to contact me with any questions.

Sincerely,

Todd Fertig

Public Information Officer

Kansas Department of Corrections

785-296-5695

Todd.Fertig@ks.gov<mailto:Todd.Fertig@ks.gov>

Adanya,

I apologize for the wait. The only thing we would have that applies to your request would be emails. I am trying to coordinate with IT providers to get an estimate to recall all the old emails that would pertain. I hope to get an estimate for you soon, but it's taking time to get the answers from them.

Todd Fertig
Public Information Officer
Kansas Department of Corrections
785-296-5695

November 8, 2017

Adanya Lustig
MuckRock
requests@muckrock.com<mailto:requests@muckrock.com>

Ms. Lustig,

I am writing to advise you that the Kansas Department of Corrections (KDOC) received your written request on Sept. 29, 2017, for all emails and meeting minutes for members of a lethal injection protocol committee, or equivalent regulatory body, regarding the lethal injection protocol and/or lethal injection drugs from 2010 to present. You stated that if there is not a lethal injection protocol committee, then you request any and all meeting minutes and communications within the Department of Corrections that mention the lethal injection protocol and/or lethal injection drugs from 2010 to present.

KDOC staff estimate it would require 6 hours of labor by the IT and Legal departments, billed at $38 per hour, to perform the search in connection with your request. Thus you would be billed $228 for this information.

Should you wish for KDOC staff to provide the information described above, please coordinate payment with me. We will not begin work on this request until payment has been received.

Sincerely,

Todd Fertig

Public Information Officer

Kansas Department of Corrections

785-296-5695

Todd.Fertig@ks.gov<mailto:Todd.Fertig@ks.gov>

Adanya,

I'm not sure what your response means.

I was finally able to get the IT people to figure out what they need to do to produce these archived emails. So what I sent you yesterday was the estimate for the work.

Todd