petersburg CHP process

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Holy run-on sentance batman!

Generally no recording devices are allowed into the court building without prior approval.

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I'm inclined to agree w/ the SuperModerator here. Because of Petersburg's twisted process, you can't "legally" begin the clock until you have provided the clerk both the prints and the full 50 dollars. There are several variations of this theme which was discussed last night.

One of them which I advocatedwas to procure prints from another LE department, provide them with the otherwise complete application and mailit certified, return receipt. Mike S. pointed out that they could simply reject the application arbitrarily

- of course, they will probably do that regardless in the next few applications.

One major problem here - the application is not complete UNTIL the fingerprints are provided to the clerk of the court or their staff. I think that the clerk & staff will refuse to sign or date any application unless there are print cards. If you provide print cards with the application to Petersburg, then they have to "consultwith the sheriff or pd ..." and get the background check.

"An application is deemed complete when all information required to be furnished by the applicant is delivered to and received by the clerk of court before or concomitant with the conduct of a state or national criminal history records check. If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant."

Dictionary.com Unabridged (v 1.1) - Cite This Source - Share This

con·com·i·tant

–adjective



1.
existing or occurring with something else, often in a lesser way; accompanying; concurrent: an event and its concomitant circumstances. –noun



2.
a concomitant quality, circumstance, or thing.

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// Audio Help /kɒnˈkɒm

ɪ

tənt, kən-/ con- + comit-[/i] (s. of comes[/i]) comes + -ant-[/i] -ant

] —Related forms
con·com·i·tant·ly, adverb
—Synonyms 1. associated.

Dictionary.com Unabridged (v 1.1)Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006.

So the "completed application" including fingerprint cards needs to be delivered to the clerk before or during the background investigation. Petersburg's own procedures prohibit this. That's why it's my opinion that you need to deliver prints, check and notarized application to them all in one fell swoop.

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Morbid wrote:

That is weird im not going to argue my position on it because im not 100% positive but I have been in a murder as a watcher was a school project im not sure if the judge had a problem with it or not but me and my fellow class mates recorded the hole proceedings along with the verdict for our paper in a criminal justice class i took a long time ago lol so it may be different now im just speaking from my personal experience i had no idea you couldn't record a court clerk. I mean technically there not a judge just a clerk a voted in clerk if i am correct which means he only and official of the people. Again my experience could have been a one time thing. I am not going to say im rite your wrong because honestly i have no idea lol... but good pick up if i am better to be corrected the to be wrong all together.

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Oh, my. If I understand you correctly a Judge allowed you to record a trial. Well, he MAY if he wishes if state law allows it. Even if state law DOES allow it, he may choose to not allow recording. He IS the court!

Do you think that a Judge who is abusing the system is going to allow anyone to record him doing it?

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FOIA requests have been filed. Asked again for temp permit with a witness present. I was told no. Once the FOIA request has been completed I'll be forwarding the pertinent info to VCDL and may then proceed with the mandamus action.

I also checked into Colonial Heights application process. Turns out that they also require that applications be submitted to the police. They do at least have all fees paid in one sum, but they couldn't give me an answer as to when the 45 day period begins. The lady I spoke with is supposed to get a concrete answer on that and call me back.

Mike

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I applied for mine in Dinwiddie about a month ago. Had it in my wallet withinabout 10 days !!

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I got a call today, informing me that my permit was ready, as were the files I'd requested under FOIA. When I got down there I paid for the request, recieved my permit and the files. As I thumbed through the papers I realized that the only things they'd given me were copies of my own application, background check, fingerprints, etc. When I asked about the other records I'd requested, Mr. Scott told me that he'd given me everything he was required to. I asked that he give me reason, in writing, as to why the other requested materials were being with held and he told me "I'm not putting anything in writing, I've given you the files you requested, and if you and Mr. Van Cleave want to sue me you go right ahead, but that's all the records you're going to get from me."

So that's wonderful, now what? any other suggestions? I'm more driven now than ever to nail this turd to a wall. oh yeah, the best thing was that he told me that I'd now recieved my permit, within the allotted time. (today makes day 54 since dropping off my application).

Attached is my FOIA request.

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builtjeep wrote:

I got a call today, informing me that my permit was ready, as were the files I'd requested under FOIA. When I got down there I paid for the request, recieved my permit and the files. As I thumbed through the papers I realized that the only things they'd given me were copies of my own application, background check, fingerprints, etc. When I asked about the other records I'd requested, Mr. Scott told me that he'd given me everything he was required to. I asked that he give me reason, in writing, as to why the other requested materials were being with held and he told me "I'm not putting anything in writing, I've given you the files you requested, and if you and Mr. Van Cleave want to sue me you go right ahead, but that's all the records you're going to get from me."

So that's wonderful, now what? any other suggestions? I'm more driven now than ever to nail this turd to a wall. oh yeah, the best thing was that he told me that I'd now recieved my permit, within the allotted time. (today makes day 54 since dropping off my application).

Attached is my FOIA request.

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He didn't give the FOia information. First, ask for an opinion from the FOIA commission. That's free. Then file suit, preferably with an attorney. Remember, the judge is biased.

I think we can come up with the filing fee for you.

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email sent to FOIA commission.

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builtjeep wrote:

SNIP I got a call today,

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VA FOIA law is clear. There are only a few possible responses.

B. A request for public records shall identify the requested records with reasonable specificity. The request need not make reference to this chapter in order to invoke the provisions of this chapter or to impose the time limits for response by a public body. Any public body that is subject to this chapter and that is the custodian of the requested records shall promptly, but in all cases within five working days of receiving a request, provide the requested records to the requester or make one of the following responses in writing: (emphasis added)

1. The requested records are being entirely withheld because their release is prohibited by law or the custodian has exercised his discretion to withhold the records in accordance with this chapter. Such response shall identify with reasonable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records.

2. The requested records are being provided in part and are being withheld in part because the release of part of the records is prohibited by law or the custodian has exercised his discretion to withhold a portion of the records in accordance with this chapter. Such response shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records. When a portion of a requested record is withheld, the public body may delete or excise only that portion of the record to which an exemption applies and shall release the remainder of the record.

3. The requested records could not be found or do not exist. However, if the public body that received the request knows that another public body has the requested records, the response shall include contact information for the other public body.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3704

With that said, government employees frequently evade compliance.Anytime you send anembarrassing FOIA request, just assume it will be mishandled and prepare for it.

Generally, if there is seeming non-compliance with a request one can consult the VA FOIA Commission. Ask for Alan Gernhart at 804 786 3591. Realize he has no enforcement power, but is usually willing to talk to a government employee who calls. He might also issue a formal opinion, which some agencies have been known to treat with respect and act in accordance with. However, his formal opinions are not legally enforceable as I understand it. After you talk with him, if it makes sense, send a formal letter to the non-compliant agency politely insisting on a compliant response.If that doesn't work, you have to go to court.

You want to ask for documents that show contrary opinion or non-compliant intent with 18.2-308. In your case you would ask for a document, memo, policy,e-mail, etc.contrary to 18.2-308 on temporary permits. Whether "too many" had to be revoked isn't the main point. Their arbitrary re-write of 18.2-308 on temp. permits is the focus of this line.

If the rest of the response was compliant, you could cancel the remaining items (if appropiate) and send anew FOIA request correctly worded.

If I were pursuing it, I might be trying to track down who the person is that is causing the trouble.

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builtjeep wrote:

I got a call today, informing me that my permit was ready, as were the files I'd requested under FOIA. When I got down there I paid for the request, recieved my permit and the files. As I thumbed through the papers I realized that the only things they'd given me were copies of my own application, background check, fingerprints, etc. When I asked about the other records I'd requested, Mr. Scott told me that he'd given me everything he was required to. I asked that he give me reason, in writing, as to why the other requested materials were being with held and he told me "I'm not putting anything in writing, I've given you the files you requested, and if you and Mr. Van Cleave want to sue me you go right ahead, but that's all the records you're going to get from me."

So that's wonderful, now what? any other suggestions?

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Read the FOIA statute and consulkt with the FOIA council - you can find them online. they will talk to you. A FOIA lawsuit is easy to win if the responder did not comply with the procedure, and, under FOIA, you get your attorneys fees!

It sounds like Scott is willfully refusing to comply with FOIA, so he can be fined civilly, in theory, if you prevail.

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I wrote almost a week ago requesting an advisory opinion, still no word back. I think I'm going to re-submit my request to the clerk. Any other options?

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peter nap wrote:

builtjeep wrote:

I got a call today, informing me that my permit was ready, as were the files I'd requested under FOIA. When I got down there I paid for the request, recieved my permit and the files. As I thumbed through the papers I realized that the only things they'd given me were copies of my own application, background check, fingerprints, etc. When I asked about the other records I'd requested, Mr. Scott told me that he'd given me everything he was required to. I asked that he give me reason, in writing, as to why the other requested materials were being with held and he told me "I'm not putting anything in writing, I've given you the files you requested, and if you and Mr. Van Cleave want to sue me you go right ahead, but that's all the records you're going to get from me."

So that's wonderful, now what? any other suggestions? I'm more driven now than ever to nail this turd to a wall. oh yeah, the best thing was that he told me that I'd now recieved my permit, within the allotted time. (today makes day 54 since dropping off my application).

Attached is my FOIA request.

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He didn't give the FOia information. First, ask for an opinion from the FOIA commission. That's free. Then file suit, preferably with an attorney. Remember, the judge is biased.

I think we can come up with the filing fee for you.

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I can donate some cash to the cause. Sounds like the smart ass needs to be taught a lesson.