ArtCarve and other business dealing reports

Tom Nash filed this request on behalf of Anonymous with the Virginia Military Institute of Lexington, VA.
Tracking #

24-54

Due Oct. 31, 2024
Est. Completion None
Status
Awaiting Response

From: Anonymous

To Whom It May Concern:

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

Under the Freedom of Information Act this request is for all documents and/or records involving any communications, procurements, and/or any other actions involving any member of the Virginia Military Institute Faculty, staff, administration, employee, cadet, organization (including Cadet Clubs) on any subject with the companies known as ArtCarved, Balfour, Herff Jones, or Jostens for the period 1 August 2023 to the date of this FOIA.

For the purpose of this request, “Documents and/or Records” is defined as “Any public record subject to disclosure under the Va. FOIA including any writing or recording, paper record, electronic file, audio, video recording, or any other format. This term shall mean all relevant data and information in the Custodian’s possession defined in [a] Requester’s General Subject of Inquiry and [b] Specific Subjects of Inquiry including but not limited to letters, notes, drafts, legal instruments, contracts, telephone transcripts, email correspondence, drawings and tables. Includes, without limitation, any and all forms of memorialized information, whether written, graphic, computerized, or stored electronically or on tape. This definition specifically includes, but is not limited to, drafts, originals, copies, handwritten notes or comments, letters, correspondence, e-mails, records of discussions, memoranda, telegrams, telephone logs and records, teletypes, appointment books, meeting agenda or minutes, reports, briefings, presentations, studies, analyses, communications with government bodies, interoffice and intra-office communications with any party whatsoever, computer programs and printouts, social media communications, including, but not limited, to FaceTime, Instagram, FaceBook.com, text messages, and other records or voice records, films or tapes As well as any screenshots or other record showing calls of which there are no other records were made.”

For the purposed of this FOIA documents involving cadets and their activities related to these companies are not student records as defined by FERPA and, therefore, cannot be withheld.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Anonymous.

From: Virginia Military Institute

Virginia Military Institute

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Your record request #24-54 has been submitted successfully.

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From: Virginia Military Institute

Virginia Military Institute

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A message was sent to you regarding record request #24-54:

The Virginia Freedom of Information Act, § 2.2-3704, provides that only citizens of Virginia or newspapers, magazines, radio or television stations that circulate or broadcast in the commonwealth are entitled to inspect public records held by Virginia’s public agencies. In order to proceed with your request, we require you to submit to us your primary residential address in Virginia or proof of physical circulation or radio/television broadcast in Virginia.

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From: Tom Nash

Good Morning,

Thank you for your partnership on this request. Please know that I have already submitted ID verification, which shows the physical address in Virginia for Tom Nash, requester.

If you need anything else, please let me know.

Thank You

From: Virginia Military Institute

Virginia Military Institute

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A message was sent to you regarding record request #24-54:

The address submitted with this request (and request #24-55) is:

MuckRock News DEPT MR#172863 263 Huntington Ave, Boston, MA, 02115

VMI has no record of a physical address in Virginia for this request. In order to proceed, we require you to submit to us your legal address in Virginia or proof of physical circulation or radio/television broadcast in Virginia.

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From: Virginia Military Institute

Virginia Military Institute

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A message was sent to you regarding record request #24-54:

As you may be aware, § 2.2-3704. F. of the Code of Virginia allows public bodies to charge to the requester up to the actual cost for accessing, duplicating, supplying, redacting or searching for the requested records. This section of the code also requires VMI to inquire whether the requester would like a cost estimate for fulfilling their request. Would you like VMI to provide a cost estimate?

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From: Virginia Military Institute

Virginia Military Institute

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A message was sent to you regarding record request #24-54:

After consultation with the individuals responsible for the information you requested, I have determined that the estimated cost of fulfilling your request is $180.26. As you may be aware, § 2.2-3704. F. of the Code of Virginia allows public bodies to charge for accessing, duplicating, supplying, redacting or searching for the requested records. This estimate reflects 3 hours of the assistant director of cadet activities' time at an hourly rate of $38.02 and one hour of the FOIA officer's time at $66.20. This does not include any printing or mailing costs, if applicable.

Please let me know if you agree to the estimated cost. If you do, we will send you an invoice and, once we receive payment, will begin to process your request.

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From: Anonymous

To reduce the cost of fillin this request I am willing to initially scope it to the records pertaining to Balfour and will further expand it should those records not be responsive.

From: Virginia Military Institute

Virginia Military Institute

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Record request #24-54 has been closed. The closure reason supplied was:

Records responsive to your revised request are available at the link below. Legal citations for any redactions are noted in the records.

https://vmi.box.com/s/lr08jyzmebu0wq0jtxk3asoykk7r8lyn

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From: Anonymous

This response appears incomplete as it does not contain any records/documents (as defined above) related to communications between VMI and the Yearbook company (emails, etc.) as well as emails and responses from VMI officies to and from the Bomb Staff and/or cadets. Undertand that like the spreasdsheet for orders the personal information such as home addresses for cadets would be redacted. In addition, since the yearbook is an official VMI activitity and not an independent publication, the emails and other records to and from the cadet staff and the company and/or administration officials are public documents. It just appears this response is incomplete as it creates the impression there was no other communications between the staff, the administration, and.or the company. There should rasonably be some since it is normal practice that yearbook proofs are created, revised (if necessary), approved, diaspproved, etc. Please clarify and, if needed, fully respond to thee request.

From: Virginia Military Institute

Virginia Military Institute

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A message was sent to you regarding record request #24-54:

Your revised request was for communication, procurements, and/or any other actions involving VMI faculty, staff, administration, employee, cadet, organization (including cadet clubs) on any subject with the company known as Balfour for the period of Aug. 1, 2023, to Sept. 5, 2024.

All communication between Balfour and any VMI faculty, staff, administration, employee, or cadet working on behalf of a cadet organization during that timeframe was provided. There was no procurement involving Balfour during that time. There is no responsive communication between Balfour and The Bomb staff between Aug. 1, 2023, and Sept. 5, 2024, as you suggest there should be.

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From: Anonymous

In addition you sent the contract for the '24 - '25 yearbook and not those for the period 1 August 2023 to the date of the FOIA as requested.

From: Anonymous

I amstil waiting for a response to this follow-up. Given the letter posted to the Virginia Military Institute Board of Visitors page for the 23 October Executive Committee meeting there should be a number of emails (at least) between the person named as "CSM Rubenstein" and the yearbook company at least on the issue raised in that letter. Those were no included in the response and so it is incomplete.

From: Virginia Military Institute

Virginia Military Institute

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A message was sent to you regarding record request #24-54:

As stated in the message of Oct. 15, 2024, all communication between Balfour and any VMI faculty, staff, administration, employee, or cadet working on behalf of a cadet organization during your requested timeframe has been provided. Additionally, all contracts and procurement activity during your requested timeframe has also been provided.

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From: Anonymous

Thank you for clarifying

From: Anonymous

We only see 5 .PDF files in the download. When we try to extract the files we get an error saying there is a bad parameter in the .PDF file. Please confirm that there were only five files in the response. Some of these five files mention checks and other emails not provided so we are checking to be sure we received everything.

From: Virginia Military Institute

Virginia Military Institute

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A message was sent to you regarding record request #24-54:

We are unable to assist with technical issues. Our team has been able to access all five pdf files from multiple browsers on multiple operating systems.

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From: Anonymous

ok