Fusion Center MOUs + MOAs (Alaska State Troopers)

Emma Best filed this request with the Alaska State Troopers of Alaska.

It is a clone of this request.

Tracking #

16150

Multi Request Fusion Center MOUs + MOAs
Status
Rejected

Communications

From: Emma Best


To Whom It May Concern:

Pursuant to the Alaska Public Records Act, I hereby request the following records:

Copies of the current or most recent memorandum of agreement (MOA) or memorandum of understanding (MOU) between your law enforcement agency and any fusion centers.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Emma Best

From: Alaska State Troopers

The Department of Public Safety has received your Request for Public Information. Your request will be reviewed and then assigned for processing. You will be contacted prior to your request being completed if any charges will be incurred.
Request number 16150 has been assigned for this request. Please use this number for correspondence.
Alaska Administrative Code 2 AAC 96.325 requires that responses to requests be made within ten working days of receipt of request. The regulation further provides that the ten working day deadline can be extended an additional ten working days provided notice is given to the requester that additional time is needed. In situations where the regulatory time deadline cannot be met, the requester is to be contacted and advised of response efforts.
Please do not reply to this e-mail, it is sent to an unmonitored account. For questions or to submit additional information or documents, please e-mail
dps.publicinforequest@alaska.gov. (mailto:dps.publicinforequest@alaska.gov)

From: Alaska State Troopers

Good morning Ms. Best,
I am writing in response to your public information request #16150 for :

Copies of the current or most recent memorandum of agreement (MOA) or memorandum of understanding (MOU) between your law enforcement agency and any fusion centers.

The DPS employee I will need to speak with to determine what information we have responsive to your request and what is available for public release is out of the office until July 23, 2018. Accordingly, I will not be able to respond to you within the presumptive time period of 10 working days from receiving your request(2 AAC96.325). Alaska Administrative Code allows an agency to extend response time for an additional 10 working days under these circumstances with notice to the requestor ( 2 AAC 96.325 (d) (3)). Here is the link to the relevant AAC section for your reference:

http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=[JUMP:%27Title2Chap96!2C+a!2E+3%27]/doc/{@1}?firsthit@@http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=%5bJUMP:%27Title2Chap96!2C+a!2E+3%27%5d/doc/%7b@1%7d?firsthit@@

I apologize for the delay and will respond to your request as soon as I am able.

Sincerely,

Allison

Allison Hanzawa
Special Assistant to the Commissioner/Legislative Liaison
Department of Public Safety
(907) 465-5505

This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based upon it, is strictly prohibited.

From: Alaska State Troopers

Good afternoon Ms. Best,
After consulting with the fusion center it has been determined that the documents you have requested contain law enforcement sensitive information which if disclosed could reasonably be expected to risk circumvention of the law. Under AS 40.25.120 (a) (6) (F) such information is not subject to disclosure under the public records act. Accordingly, by the authority delegated to me and in accordance with 2 AAC 96.335, I am denying your request for these documents.

Since I have denied your request, I have provided information on the appeal procedure in the document attached. There is no bond requirement for an administrative appeal.

You may also obtain immediate judicial review of this denial by seeking an injunction form the superior court under AS 40.25.125. Choosing not to pursue injunctive relief in superior court will have no adverse effect on your rights before the department.

Sincerely,
Allison

Allison Hanzawa
Special Assistant to the Commissioner/Legislative Liaison
Department of Public Safety
(907) 465-5505

This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based upon it, is strictly prohibited.

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