We hereby request, in electronic digital form (in order to minimize time and cost on behalf of DES and DoIT), those records bolded in the above paragraph and to which the State has now admitted to possessing. Further, we also request the file / record layout description of the resulting file (fixed or variable field lengths, data types, et al). As computer consultants, our expertise will allow us to examine the data once received (we have several projects in mind for that data).
This request is asking for those records from January 1, 2005 to the present time (i.e., April 20, 2012), inclusive.
Well, 5 Business days have passed – the exact number of days in which we expected to have the State of NH send us the records. After all, they already have admitted that have the records. And as far as being “exempt” from RSA 91-A, well, we did not ask in terms of any personnel policies – all we want to see is URLs. Well, in that time, we received nada for results; not even a <cough>. Far different than our first RTK concerning Richard de Seve.
So, I emailed Gretchen Hamel, Administrator of the DES Legal Unit:
Subject: Re: Your RSA 91-A request dated April 20, 2012
Date: Fri, 27 Apr 2012 10:39:19 -0400
From: Skip Murphy <Skip@GraniteGrok.com>
Reply-To: Skip@GraniteGrok.com
To: Hamel, Gretchen <Gretchen.Hamel@des.nh.gov>
CC: Grokcrew
Good morning, Ms. Hamel
Will we be receiving our requested information before the close of normal business hours as provided by RSA 91-A (5 business days, and verified by your PDF Letter)?
It seems that we have to ask because, unlike your predecessor, we have not had any interim communication from you during this time period with respect to any updated status of our request. Do you have the FTP site and credentials available for us to download that outbound traffic summarization information?
Kindest regards,
-Skip
(Skip Murphy for himself, Steve Mac Donald, and Ed Naile)
And then the wait began…and were unsurprised at the answer (emphasis mine).
April 27, 2012
David “Skip” Murphy
9 Gilford Glen Road
Gilford, NH 03249
Re: April 20, 2012 Request for Records Pursuant to RSA 91-A
Dear Mr. Murphy,
As you may know from prior correspondence, RSA 91-A:4 IV provides, in part, as follows:
… If a public body or agency is unable to make a governmental record available for immediate inspection and copying, it shall, within 5 business days of request, make such record available, deny the request in writing with reasons, or furnish written acknowledgement of the receipt of the request and a statement of the time reasonable necessary to determine whether the request shall be granted or denied. …
The request you submitted to the NH Department of Information Technology and the NH Department of Environmental Services was acknowledged by letter dated (and emailed to you on) April 20, 2012. At that time the agencies anticipated being able to provide a final response by today. This letter is to inform you that additional time is needed to prepare a final response to your request. We anticipate that a final response will be issued on or before the end of next week.
Sincerely
Gretchen Hamel, Administrator
DES Legal Unit
ec:
Thomas S. Burack, Commissioner, DES
Stanley W. rogers, Commissioner/Chief Information Officer, DOIT
Susan A. Carlson, Chief Operations Officer, DES
