[For background, see this.]
From: John Butcher
Sent: 4/29/2016 5:46 PM
To: Pyle, Charles (DOE)
Subject: FOIA Request
I am a Citizen of the Commonwealth and a resident of the City of Richmond at the address set out below. Under the authority of the Virginia Freedom of Information Act, I request an opportunity to inspect and copy the following public records, as that term is defined at Va. Code § 2.2-3701, that are prepared, owned, or in the possession of the Department of Education:
• All records that establish or comment upon any reason why it might not be practically possible to provide the records I requested on April 21 within the five work days provided by the Act.
If any record responsive to this request exists in electronic form, I request that you provide it by posting it to the Department’s web site or emailing it to me at the return address above.
In the event the Department elects to withhold any public record responsive to this request, for each such record please:
• Identify the record withheld by date, author, title, and summary or purpose of the record;
• Identify all persons outside your Department to whom the record has been shown or to whom copies have been furnished; and
• State specifically the statutory exemption under which the Department elects to withhold the record.
If you elect to charge me part or all of the actual cost incurred in accessing, duplicating, supplying, or searching for the requested records, please estimate the total charges beforehand. If those total charges exceed $100, please notify me before you incur the costs.
Please contact me by telephone at the number below or by email at the address above if I can answer any question about this request.
I look forward to hearing from you as promptly as possible and in any event within the five work days provided by the Act.
P.S.: Notwithstanding your email of today, my request was made at 1:31 PM on April 21, not on April 19. Today being the sixth work day since the request (although I rather like the April 19 date, which would make today the eighth day), the Department is in violation of the Act and has waived any objection to providing the requested records. Please just send along the records.
On 4/29/2016 4:51 PM, Pyle, Charles (DOE) wrote:
> Dear Mr. Butcher:
> The Virginia Department of Education (VDOE) is in receipt of your request for records dated April 19, 2016, and made in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
> Please be advised that it is not practically possible to provide the requested records or determine their availability within the five working days required by FOIA due to the unavailability of staff and the complexity of your request. Therefore, VDOE is invoking subsection B 4 of § 2.2-3704 of the Code of Virginia to provide the agency with seven additional working days to respond to your request.
> Best regards,
> Charles B. Pyle
> Director of Communications
> Virginia Department of Education
> (804) 371-2420