CORA Logs (Lone Tree Police Department)

Samuel Newton filed this request with the Lone Tree Police Department of Lone Tree, CO.

It is a clone of this request.

Multi Request CORA Logs
Est. Completion None
Status
Fix Required

From: Samuel Newton

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

I am submitting a Colorado Open Records Act (CORA) request seeking access to specific documents related to your department's activities for the 180 day period preceding today, from Friday, February 9, 2024, to Wednesday, August 7, 2024. Specifically, I am requesting:

1. All records of CORA requests sent to your department during the specified 180 day period.
2. All records of CORA responses issued by your department in response to external requests within the same timeframe.
3. A copy of the fee schedule for processing CORA requests and any associated costs.
4. A copy of your department's open records policy for reference.
5.Correspondence in relationship to CORA requests sent between government entities.

Please include details such as dates, requestors' names, and request contents in the CORA records.

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 3 business days, as the statute requires.

Sincerely,

Samuel Newton

From: Lone Tree Police Department

Good Afternoon,
We have received your request and will be preparing an estimated cost for you. We should have that returned to you be the end of the week.
Thank you,

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Lone Tree Police Department

Good Afternoon,
I apologize for the delay in responding and appreciate your patience. Please see below for information about your request.

I am submitting a Colorado Open Records Act (CORA) request seeking access to specific documents related to your department's activities for the 180 day period preceding today, from Friday, February 9, 2024, to Wednesday, August 7, 2024. Specifically, I am requesting:

1. All records of CORA requests sent to your department during the specified 180 day period. We do not keep a list or file of all CORA requests.
2. All records of CORA responses issued by your department in response to external requests within the same timeframe. We do not keep a list of all CORA (CCJRA) requests. I can pull a report for our CORA(CCJRA) requests associated to Case Reports Only. If you would still like this report, we can provide this 6 page report for $67.12 (includes a $6.00 fee for the report and an additional 2 hours of research and review time). This report contains ONLY the event number, Comments (brief notes entered by technician), the date provided. The notes vary case to case and may be for requests that were not filled. They may be incomplete and may or may not have the requestors name, what was released or not etc.
3. A copy of the fee schedule for processing CORA requests and any associated costs. If you would like us to provide this to you, there will be a $5.75 fee. Alternatively, it is available on our website at cityoflonetree.com
4. A copy of your department's open records policy for reference. This is a 5 page document and can be provided to your for a fee of $5.75. It is also available on our website.
5.Correspondence in relationship to CORA requests sent between government entities. We have no records pursuant to this request.
Please include details such as dates, requestors' names, and request contents in the CORA records. This is not information that we have readily available or maintain aside from what is listed above. If you would like us to research this, the fee is $33.56 per hour and we estimate 10 hours to complete for a fee of $335.60 plus an additional fee per page of .25 cents each.

If you wish to purchase these records, please provide payment and which records you would like.
We will process your request after payment is received. You may pay in person, by check or over the phone with Visa, Master Card or Discover (cc fee applies).
If you wish to pay by check please mail payment to:
City of Lone Tree - Police Department
Attention Police Records
9220 Kimmer Dr STE 120
Lone Tree, CO 80124

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Samuel Newton

Thank you for your response. I would like to request both the fee schedule for processing CORA requests and your department's open records policy in electronic form. Since these documents are already available on your website, I kindly ask if you can provide them electronically without the additional fee.

I appreciate your assistance in this matter.

From: Lone Tree Police Department

Good Morning,
Here are links to the documents requested at no charge. Have a good day.

Here is a link to a PDF of our fee schedule:
2021 Admin & Police Fees (2021-02-05).pdf (cityoflonetree.com)<https://cityoflonetree.com/files/City%20Clerk/Fee%20Schedules/2021%20Fee%20Schedules/2021%20Admin%20%26%20Police%20Fees%20%282021-02-05%29.pdf>
Here is a link to the Records policy:
PPM 14-01 Records Management Policy_2014.pdf (cityoflonetree.com)<https://cityoflonetree.com/files/City%20Clerk/PPM%2014-01%20Records%20Management%20Policy_2014.pdf>

Thank you,

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Samuel Newton

5.Correspondence in relationship to CORA requests sent between government entities. We have no records pursuant to this request.
Please include details such as dates, requestors' names, and request contents in the CORA records. This is not information that we have readily available or maintain aside from what is listed above. If you would like us to research this, the fee is $33.56 per hour and we estimate 10 hours to complete for a fee of $335.60 plus an additional fee per page of .25 cents each.

Can you provide the first hour of research on this item?

From: Lone Tree Police Department

Hi,
It would take several hours just to pull that information in bulk, and then we’d have to go through it all.
Because this is not a record that we keep, there is nothing that we can release that would only take an hour to research.
Please narrow your request to something more specific.
As you’ve written it “Correspondence in relationship to CORA requests between government agencies” is far too broad. We would need specific agencies, persons, case numbers, incident numbers etc.
Without that information, I am unable to provide anything pursuant to your request.

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Samuel Newton

Ms. Zingg,

Thank you for your response. I understand that the request may require significant effort, but under the Colorado Open Records Act (CORA), the first hour of research is to be conducted without charge. Given that you quoted ten hours for this task, I respectfully ask for a more detailed explanation of what specific work will be involved in the several hours you referenced, beyond the initial free hour.

If the scope needs further clarification after the first hour of research, I would be willing to refine the request based on the preliminary findings. However, I ask that you proceed with the initial hour as per CORA statute and provide more specifics on the estimated time frame for the remainder of the work.

Thank you for your attention to this matter, and I look forward to your response.

From: Lone Tree Police Department

Good afternoon,
Even without the hourly fee that comes after the 1st hour there is an initial fee of $5.00, which includes up to 2 pages. I’ve already spent more than an hour on the requests that I have provided at no fee to you as a courtesy as those items are already available on our website.

Your request asks for “correspondence between government agencies”. If I look for correspondence, then go through it to confirm that is in fact what it is, I can provide that record to you.
To do this in less than one hour, a very minimal amount of information will be located. If that is what you would like I’m happy to provide it after you submit the $5.00 payment.
I anticipate that I am likely provide one email to you of 2 pages from the 1st day of the timeline you submitted.
No more records will be provided without payment in full, prior to processing the request.

You may call our main line to submit payment with VISA, Master Card and Discover for a small fee. If you prefer, you may mail a check or submit cash or check in person at our department M-F from 8-4:30 pm.
Please let me know will you be submitting payment.

Stephanie Zingg
Records Supervisor
Lone Tree Police Department

From: Samuel Newton

Thank you for your reply. Please reference the $5.00 fee in relation to the fee schedule already provided, as I would appreciate clarity on how this fee applies here. I also want to reiterate that, according to CORA, the first hour of staff time is provided at no cost. I would like any responsive records that can be identified and reviewed within that first hour, in line with CORA guidelines.

From: Lone Tree Police Department

Good Afternoon,
You have sent your request to the Police department for “CORA” requests. I’ve already provided to you our fee schedule.
Please refer to that for further information regarding our fees. If you want criminal justice records from the police department, those are the fees included in the cost. The police department does not provide “CORA” requests, we only provide CCJRA requests. You should contact the city clerks’ office for any further CORA requests.
As previously stated, we will not provide anything further without payment in full.

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Samuel Newton

Under the Colorado Open Records Act (CORA) and Colorado Criminal Justice Records Act (CCJRA), public entities, including law enforcement agencies, must provide reasonable access to records, with associated fees that reflect actual costs. As outlined in CORA (§ 24-72-205(5)(a), C.R.S.), charges for services may apply, yet these must be both reasonable and directly linked to the retrieval, copying, or dissemination of records.

Additionally, CCJRA (§ 24-72-306, C.R.S.) specifies the terms under which fees for criminal justice records can be applied, limiting fees to actual costs related to retrieval and duplication. As a public entity, your agency is responsible for adhering to these laws, providing justification for any fees charged, and ensuring fees remain within the permissible guidelines.

I ask that you clarify the specific basis and statutory support for the fees quoted, as well as provide a breakdown of the charges for review. As public records custodian, you are further required to demonstrate that charges do not exceed what is allowed under CORA and CCJRA.

From: Lone Tree Police Department

Upon review and discussion with legal counsel, we do not believe that the Police Department is in possession of the records that you requested. Specifically, you requested CORA request documentation. Our office does not handle CORA Requests, we handled CCJRA Requests, which are different. However, the documents you request are likely in possession of the City Clerk's office.

Per CRS 24-72-203(2)(a), if the public records being requested are not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact in writing. Therefore, I am denying the remainder of your request because we do not have the records you are asking for and would suggest you resubmit the CORA request with the City Clerk's office.

We will not charge you for the documents that I was able to get off our website for you. Further, you will be entitled to a new first free hour for your request submitted under the City Clerk's office.

Thank you.

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Samuel Newton

Process the records covered under the first hour of staff time, as required by law.

The distinction between CORA and CCJRA has already been clarified in relation to this request. Additionally, Lone Tree's policy specifies that if the City Clerk's office is responsible for processing certain records, the request will be forwarded accordingly. Please confirm whether this has been done.

If available, I request a detailed breakdown of the invoice previously issued. Please ensure the fee is justified under the applicable statutes and policies.

Thank you for your prompt attention to this matter.

From: Lone Tree Police Department

Policy states you’ll be directed to the city clerks office. That has been done.
If needed, here is a link to their form:
Records Requests<https://app.smartsheet.com/b/form/5ebe162b053247fd94a8a6470b1f4f89>
I am unable to submit the request for you. I’ve provided all the clarification I can for you.
If you have further questions please refer to the information previously provided.
I am closing out this request as we are unable to provide the information you are requesting.

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Samuel Newton

Thank you for your response. I would like to clarify that under the Colorado Open Records Act (CORA), there is no statutory requirement for formalities in submitting a request. As such, my original request remains valid and should not have been closed without legal justification.

Additionally, please provide a detailed breakdown of any anticipated costs as required. I also remind you that under CORA, records related to requests must be maintained for at least two years. I kindly ask for the specific statute or legal basis you are relying on to justify the closure of my request, as this action does not appear to be supported by the CORA Act.

Please consider this communication as a continuation of my initial request, and I expect your office to proceed with it in accordance with the law.

From: Lone Tree Police Department

I have sent you the response required. The Lone Tree Police Department does not handle CORA requests. We only take care of CCJRA records.
Please direct any questions regarding CORA requests to the city clerk’s office as directed previously. There are formal requirements under CRS 24-72-305.5 in addition to other legal.
The Lone Tree Police Department has no records responsive to your requests.

Again, I am considering this request closed. We have no records to provide to you.

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Samuel Newton

Process the records covered under the first hour of staff time, as required by law.

The distinction between CORA and CCJRA has already been clarified in relation to this request. Additionally, Lone Tree's policy specifies that if the City Clerk's office is responsible for processing certain records, the request will be forwarded accordingly. Please confirm whether this has been done.

If available, I request a detailed breakdown of the invoice previously issued. Please ensure the fee is justified under the applicable statutes and policies.

Thank you for your prompt attention to this matter.

From: Lone Tree Police Department

Good Afternoon,
On 11/22/2024 I sent you a link to the City Clerks online request and advised that you would need to complete their form.
https://app.smartsheet.com/b/form/5ebe162b053247fd94a8a6470b1f4f89<https://app.smartsheet.com/b/form/5ebe162b053247fd94a8a6470b1f4f89>
Here is the link again, and I have copied the City Clerks Office on this request.
As I have stated multiple times Lone Tree Police Department has no more records responsive to your request.
I have already provided at no charge as a courtesy all the documents we have in relation to your request.

Sincerely,

Stephanie Zingg
Records Supervisor
Lone Tree Police Department
720-509-1139

From: Lone Tree Police Department

Good afternoon,

As Stephanie Zingg mentioned in her previous correspondence, all CORA requests must be submitted through our records request form. Please complete the form, and we will be happy to accommodate your request.

Should you have any questions regarding our request process, please do not hesitate to reach out.
Best regards,

[City 30 Anniversary Logo]

Ahnjoulie DeBoyes

Pronounced - On-ju-lee
Acting City Clerk
City of Lone Tree
Office: 303-708-1818