LAW DEPARTMENT

ONE PARKWAY BUILDING

1515 ARCH STREET
PHILADELPHIA, PA 19102

Shelley R. Smith
City Solicitor

Katharine L. Janoski
Assistant City Solicitor
(215) 683-5025 (Tel.)
(215) 683-5069 (fax)
Katharine.Janoski@phila.gov

CITY OF PHILADELPHIA












June 16, 2014

VIA ELECTRONIC MAIL ONLY

Dustin Slaughter
MuckRock News
Dept MR 11473
PO Box 55819
Boston, MA 02205-5819
11473-40104896@requests.muckrock.com

Re: Slaughter CP 2014-0539

Dear Mr. Slaughter:

Thank you for writing to the City of Philadelphia (the City) Police Department (PPD) with
your request for information pursuant to the Pennsylvania Right-To-Know Law, 65 P.S. 67.101 et
seq., (the Act or RTKL).

On May 9, 2014, PPD received your request for the following:

All "Look Up, Speak Up" suspicious activity reporting submitted to the Delaware Valley
Intelligence Center and/or Real Time Crime Center which falls under the following
"disposition labels" as listed on page seven of DVIC's privacy policy: "undetermined or
unresolved"; "cleared or unfounded"; "verified"; and "under active investigation. The time
frame for this request seeks records from 1 January 2014 up to and including the date this
request is officially processed.

On May 16, 2014, the City informed you that it required additional time to respond to your
request. This letter constitutes the Citys response to your request:

Your request is denied. The records that you requesting are exempt from disclosure on their face as
records relating to a criminal and/or noncriminal investigation exempt from disclosure pursuant to 65
P.S. 67.708(b)(16) and 65 P.S. 67.708(b)(17), respectively. See also Criminal History Record
Information Act (CHRIA), 18 Pa. C.S. 9101-9183 (protecting from disclosure intelligence
information, investigative information and treatment information). Your request is further denied
to the extent that you are seeking records that are exempt and non-public pursuant to state and/or
federal law. See Criminal Intelligence Systems Operating Policies, 23 C.F.R. 23.1 et seq; Criminal
2
Justice Information Systems, 28 C.F.R. 20.1 et seq.; Criminal History Record Information Act
(CHRIA), 18 Pa. C.S. 9101 et seq.; 18 Pa. C.S. 9106; Protection of Sensitive Security
Information, 49 CFR Parts 15 and 1520 (protecting, among other things, threat information).
Records exempt from disclosure under federal or state law or regulation are not public records as
that term is defined under the Act, and therefore not subject to access under the Act. 65 P.S. 67.102;
see also 65 P.S. 67.3101. Furthermore, the records are exempt as records maintained by an agency
in connection with homeland security and other public safety activities that if disclosed would be
reasonably likely to jeopardize or threaten public safety or preparedness or public protection activity
pursuant to Section 708(b)(2). See also 65 P.S. 67.708(b)(3) (protecting records protects records
the disclosure of which creates a reasonable likelihood of endangering the safety or the physical
security of a building, public utility, resource, infrastructure [or] facility).

To appeal the denial pursuant to 65 P.S. 67.708(b)(16) regarding records relating to a
criminal investigation, you may file an appeal with the Philadelphia District Attorneys Office as
provided in 65 P.S. 67.1101 and 65 P.S. 503(d)(2). You have 15 business days from the mailing
date of the Citys response to challenge the response. Please direct any appeal to DA Appeals Officer,
Three South Penn Square, Philadelphia PA 19107-3499 and copy the undersigned.

Should you wish to contest any part of this decision other than the denial pursuant to 65 P.S.
67.708(b)(16) regarding records relating to a criminal investigation, you may file an appeal with the
Office of Open records as provided for in 65 P.S. 67.1101. You have 15 business days from the
mailing date of the Citys response to challenge the response. Please direct any appeal to the Office of
Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA
17120-0225 and copy the undersigned.

Please be advised that this correspondence will serve to close this request with our office to the
extent permitted by law.

Respectfully submitted,



Katharine L. Janoski
Assistant City Solicitor


cc: Lt. Edward Egenlauf, Open Records Officer, PPD