E@ pennsylvania vs RELLY DEPARTMENT OF GENERAL SERVICES August 20, 2015 Sean Kitchen Capitol Reporter, Rick Smith Show 119 Herr Street, FL 1 Harrisburg, PA 17102 Sean@TheRickSmithShow. m Re: Right-to-Know Request No. 2015 - 083 Dear Mr. Kitchen: ‘On July 15, 2015, the Open Records Officer of the Department of General Services received your written request for information, which stated, ‘On July 15, 2015, multiple media outlets reported that the Senate Republican Caucus placed two hidden cameras in front of State Senator Scott Wagner's Capitol office. The cameras were installed to protect Senator Wagner's cardboard signs. 1 am requesting the following Complaints filed by Senator Wagner and Jason High to Capitol Police Communications between the Senator, his staff and Senate Republican Caucus Leaders and Senator Corman’s Office regarding the sign vandalism. The date of when the cameras were installed The price of the cameras All photos and videos that were taken of staffers, legislators, lobbyists and media personnel who happened to be recorded” On July 22, 2015, we notified you that the Department of General Services required an additional 30 days, until August 21, 2015 to respond to your request. ‘The Department of General Services is responding to your request under the Pennsylvania Right-To-Know Law, 65 P.S. §§ 67.101, et seg. (RTKL). With regard to the first part of your request, where you ask for “complaints filed by Senator Wagner and Jason High to Capitol Police”, the Capitol Police, under the Department of General Services, has not received any complaints from Senator Wagner or Jason High. Regarding the remainder of your requests the Department of General Services does not have the records in its possession, under its custody or its control. Pursuant to the Office of Open Records Final Decision in Jenkins vs. Pennsylvania Department of State, OOR Dkt. AP 2009-065, it should be noted that: "It is not a denial of access when an agency does not possess records and [there is no] legal obligation to obtain them (see, e.g. Section 67.506 (d)(1))." Further, an agency Is not required “to create a record which does not currently exist or to compile, maintain, format or organize a record in a manner in which the agency does not currently compile, maintain, format or organize the record.” 65 P.S. § 67.705.] OFFICE OF CHIEF COUNSEL | NORTH OFFICE BUILDING 401 NORTH STREET | ROOM 6081 HARRISBURG, PA 17120-0500, Phe 717-797-5899 | Bue 7U7-787-9138) wowordgestate pass pennsylvania ih eae aleeSean Kitchen - August 20, 2015 In accordance with Section 67.502(b)(1) of the RTKL, | am forwarding your request to the Open Records Officer for the Senate of Pennsylvania, as they may have documents responsive to your request, and copying the Open Records Officer for the Senate of Pennsylvania on this response, However, no RTKL rights accrue to you against the Open Records Officer for the Senate of Pennsylvania until such time as_you make a request directly to the Open Records Officer for the Senate of Pennsylvania that is: 1) in writing; 2) states that it is being made pursuant to the RTKL; and, 3) is addressed tothe Open Records Officer of the Senate of Pennsylvania, as follows: Open-Records Officer Donetta D'Innocenzo Office of the Senate Chief Clerk 89 Capitol East Wing Harrisburg, PA 17120-3052 Fax: (717) 783-4296 Email: rtkofficer@oce.pasen.gov You have a right to appeal this response in writing to the Executive Director, Office of Open Records (OOR), Commonwealth Keystone Building, 400 North Street, 4” Floor, Harrisburg, Pennsylvania 17120. If you choose to file an appeal you must do so within 15 business days of the mailing date of this response and send to the OOR: 1) this response; 2) your request; and 3) the reason why you think the record exists under or control of the agen: Also, the OOR has an appeal form available on the OOR website at: https: //www. dced,state. pa.us/public/oor/appealformaeneral.pdf. ral th wa Agency Qipen Records Officer NI cc: Open-Records Officer, Senate of Pennsylvania