• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

FOIA Request

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

#1
What is the name of your state? VA

I want a copy of the employee hand book for a police department in VA to use help decide if I want to hire a lawyer or to just pay a ticket.

The email below with out any personal info or info about the department.

Freedom of Information Act, 5 U.S.C. § 552
A digital copy of the departments employee handbook for there officers.
If any charges please send me an itemized list of any and all chargers for processing the request to email address.
Any question please send them to email address.

Thank you
email address.

On 7-2-18 I sent in the FOIA request to the police department, on 7-3-18 I got an email saying it was forwarded to ....
On 7-3-18 I received a scanned copy of my request that had "7-3-18" written with a persons initials inside of there stamp.
On 7-6-18 I got a response of "Because you will not show that you are a citizen of the Commonwealth or a media representative as required by Section 2.2-3704(A) of the Code of Virginia, I must deny your request for records below "

My understanding that with the laws under the Federal Freedom of Information Act I'm allowed to stay anounous and they have till 8-1-18.

Is there a response needed to there "Section 2.2-3704(A) of the Code of Virginia" or do I hold off till 8-1-18?
Can someone point me to some good reading material that I should be reading to help me understand my next steps (might include a lawsuit)?

Thank you
 


#2
1 - Show me where in the Federal Freedom of Information Act that it says you can remain anonymous.

2 - Show me where in the Federal Freedom of Information Act that it says it has anything remotely to do with state and local government agencies.

https://www.law.cornell.edu/uscode/text/5/552

You're very naïve if you think that getting the police employee handbook is in any way, shape or form going to get you out of a traffic ticket.
 
#4
It's not a traffic ticket it's more on the side of retaliation from cop tickets.

I think that a few polices were violated and if the polices were not violated I would not of gotten a ticket.

Short story is asked a cop a few times to stop parking in my driveway (he was not in the road easement) and the first time I contacted chef by email 12-12-17 and ended the discussion on 12-19-17 and have done so about 15 more times. I ended up getting rear ended in June after I tried to pull into my driveway with a trailer and his petrol car was blocking my path. There was about 4" of my trailer over the white line of the road. The road dead ends and there is not a turn around for my truck and trailer combo. My dash cam shows what looks like the officer sleeping as he did not respond to the accident till they called him on the radio.

I have gotten a 5 tickets from 3 offices that have been mailed to me for stuff that's happening on my property. The calls did not generate from dispatch and were started from 1 of the 3 officers.

I talked to a lawyer after I got the second ticket in the mail and he told me that unless the officers broke there policy there's was nothing I can do. I was tiring to get a copy of there policy to see.

I have been able to get copies of all the dispatch logs for when My tickets were written.
I was told by a friend in dispatch that there might be 2 more tickets in the mail so I was weighting on them before I sit down with my lawyer again.
 
#6
A few questions about when an officer can trespass (yes I'm posted with the state guidelines). Like if sleeping is included. Might help shares some of my fault for the accident as it has not gone to court yet.
3 for 15.2-980 for parties at my house and my house is half mile from my property line. 1 of the so called parities was the same time my family was at the lawyers office.
1 for 18.2-57 when I try to pick up that police report I'm told it's not ready.
1 for 14.2-804, but the truck it was given to was in the dealership the week it was written.

I have not told my lawyer about 3 of the tickets yet. I'm going to try to sit down with him at the end of next week.
 

CdwJava

Senior Member
#7
Here is info for the VA FOIA: http://www.dmlp.org/legal-guide/access-public-records-virginia

I can tell you that there is almost certainly going to be a policy that prohibits CUBO acts (conduct unbecoming an officer). Sleeping on duty, if noy specifically prohibited will be one of those things that falls under CUBO. The problem is proving he was asleep or that his sleep somehow caused you to commit an act that resulted in your citation.

I doubt that it addresses "trespassing" at all. And, it may be arguable that he was in your driveway, or, if he was, that it was legally trespassing. Even if he was, like the sleeping matter, it is an issue that will be separate from any citation you received unless the act somehow directly resulted in your committing the alleged offense.

If your argument is that the officers do wrong things without getting into trouble, why should you? Then you'd best find a different tack to sail. Any violation of policy is a personnel issue for the agency and appears to be entirely unrelated to any citation you received.

Note that pursuant to 2.2-3704(A) ...

§ 2.2-3704. Public records to be open to inspection; procedure for requesting records and responding to request; charges.

A. Except as otherwise specifically provided by law, all public records shall be open to inspection and copying by any citizens of the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth. The custodian may require the requester to provide his name and legal address. The custodian of such records shall take all necessary precautions for their preservation and safekeeping.


So, in addition to showing that you are a citizen of the commonwealth, they can also ask that you provide your name and address.
 
Last edited:

cbg

I'm a Northern Girl
#8
As someone who has written more than a few employee handbooks (granted, not for police officers), I think it quite unlikely that you will find the policies you seek in one. Employee handbooks generally have more to do with employee benefits and when to expect performance reviews and things that would also apply to the administrative staff, custodians, and other non-officer employees. You won't find the types of policies you're seeking there. I'm not saying they don't exist; just that the source you are requesting is not likely to be the source where they are.
 

HRZ

Senior Member
#9
I think you best leave the quest to your lawyer....it's most unlikely to be a issue found in policy manual. IF you somehow crossed a local police officer you might well be in line for special observation for the smallest of potential violations ....but I'd let my lawyer address any such topic .
 

CdwJava

Senior Member
#10
What he seems to be asking for is the agency's Policy Manual. Though, if he does not properly describe what it is he requests, he could very well receive a generic city employee's handbook which certainly would not cover anything that the OP wants.

I have written a few policy manuals for agencies in several states, and I have yet to see "sleeping" or "trespassing" specifically addressed in a policy manual. Largely because these actions can be covered under other areas of prohibited activities. Though, as I mentioned, even if the agency does decide that these actions occurred and that they violated some form of policy, they appear to be wholly unrelated to any citations he might have received.
 
#11
The lady in dispatch was right and I got 2 more tickets in the mail today. I scanned the tickets and the radio logs and sent them to my lawyer. We talked on the phone for about 2 minutes. He said he would look everything over and talk to me Monday.

I got a visit from a detective today at my office. He told me he reads all the law forums and know it was me. I told him that he passed 4 no trespassing sings and told him to have a good day.

To me this is more of a retaliation issue than anything. I have gotten 5 bogus tickets in the mail now and they came from 3 different cops. All 3 of these cops have put my dl# and all my info on tickets and 2 of them I have never meat. I don't know how there computer system works, but I wounder...

I just sent him the security video of the detective.

Thank you for your help with the understanding of the FOIA laws.
 
Sponsored Ad

Top