ACLU AMERICAN CIVIL LIBERTIES UNION West Virginia Box 3952 (304) 345-9246 Charleston WV 25339-3952 December 3, 2018 Of?ce of Governor Jim Justice State Capitol 1900 Kanawha Boulevard, East Charleston, WV 25305 By mail and viafax to 304-558-1962 (fax) To whom it may concern, The American Civil Liberties Union of West Virginia is encouraged by Governor Justice?s public call for a thorough investigation into the November 19, 2018 incident in Martinsburg involving a 16- year?old male and members of law enforcement. In the further interest of tranSparency to the public, the pursuant to West Virginia Freedom of Information Act, W. Va. Code 2913-1-1 et seq. requests documents and communications regarding the incident. This request includes but is not limited to all records or communications preserved in electronic or written form, including but not limited to correspondence, data, directives, documents, videotapes, audio tapes, e? mail, text messages, faxes, ?les, guidance, guidelines, evaluations, instructions, messages sent on social media platforms, analyses, memoranda, agreements, notes, orders, policies, procedures, protocols, reports, rules, technical manuals, or studies. Please note that this request also includes a request for any communications sent using personal phones, email accounts, and social media accounts.1 The date range for these requests, unless otherwise noted, is from January 1, 2018 to the present. 1. Any and all correspondence relating to the November 19, 2018 incident in Martinsburg involving Trooper Derek Walker and Trooper Michael Kennedy and any other members of law enforcement and a 16?year?old male. 2. Any and all video (including, but not limited to dashcam video) received and/or reviewed by any person or employee at the Govemor?s of?ce relating to the November 19, 2018 incident in Martinsburg involving Trooper Derek Walker and Trooper Michael Kennedy and any other members of law enforcement and a 16?year?old male. 3. Any and all documents received and/0r reviewed by any person or employee at the Governor?s of?ce relating to the November 19, 2018 incident in Martinsburg involving Trooper Derek Walker and Trooper Michael Kennedy and a 16?year?old male. 1 Of?cial records in the personal control of a government of?cial are government records and subject to sunshine laws. See, Competitive Enter. Inst. v. O?ice OfScz'. Tech. Policy, 827 F.3d 145 (DC. Cir. 2016) agency always acts through its employees and of?cials. If one of them possesses what would otherwise be agency records, the records do not lose their agency character just because the of?cial who possesses them takes them out the door or because he is the head of the agency?) If you are not technically the custodian of the documents described in this request, I ask that you forward the request to the custodian(s) or advise me of the identity of the custodian(s) so that I can make the request directly to that person or those persons. Please note that W. Va. Code requires agencies to respond to requests for public records within ?ve business days. If you anticipate that it will take longer than ?ve business days, or have questions about the of this request, please call me at (3 04)-345-9246. Additionally, while W. Va. Code permits public agencies to assess fees associated with the reproduction of public records, as a not?for?pro?t advocacy organization we request a waiver of any fees associated with the furnishing of these documents. To limit costs, electronic production of documents would be preferable. If you do intend to assess fees, however, please contact me for authorization of any fees in excess of$100. West Virginia?s Freedom of Information Act is ?liberally construed with the view of carrying out? a policy of disclosure, while exemptions are to be narrowly construed. W. Va. Code ?29B?l-l. Any party claiming that an exemption applies bears the burden of proving its applicability. See Daily Gazette v. W. Va. Dev. O?ice, 482 180, 187 (W. Va. 1996). Documents regarding policies of public agencies after the policies have been formulated are not subject to the ?internal memoranda or letters? exemption to the provisions. See id. at 192. Finally, for any undisclosed or redacted records, we request a Vaughn index. Thank you in advance for your prompt response. Please furnish all records to: Loree Stark ACLU of WV Foundation PO. Box 3952 Charleston, WV 25339-3952 If you have any questions or concerns, I can be reached at (304) 345?9246 or lstarkl@acluwv.org. Regards, Ska/(mm Loree Stark Legal Director, *Licensed in Kentucky and eligiblefor admission in West Virginia courts pro hac vice