|Submitted||Aug. 1, 2016|
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To Whom It May Concern:
Pursuant to the Texas Public Information Act, I hereby request the following records:
All records responsive to the below requests dated from January 1, 2014 through July 28, 2016.
- The full documentation of all contracts or non-disclosure agreements (enacted OR IN EFFECT between the above dates) with the companies "Persistent Surveillance Systems" or "Vigilant Solutions"
- Copies of all invoices to or from these companies, and documents sufficient to show any and all disbursement of public funds to either company
- The full documentation of all contracts (enacted OR IN EFFECT between the above dates) with any company other than the two cited above, in which said company provides your department with equipment or services (including software) for 1. license plate scanning or reading or automatic photographing; 2. aerial surveillance, excluding monitoring roadways for speed infractions.
- Copies of all invoices to or from any company that fits the description in the prior paragraph, and documents sufficient to show any disbursement of public funds to any company that fits this description
- All emails between police department email accounts and users on the domains "pss-1.com" or "vigilantsolutions.com". (One example would be firstname.lastname@example.org. Users on the domain would be in the form of XXXXXXXXX@vigilantsolutions.com)
- All paper-based communications between your department and Persistent Surveillance Systems, and between your department and Vigilant Solutions. In asking for all paper and electronic correspondence, this request necessarily includes marketing materials and descriptions of product capabilities for any device, software, or access/capability this department has purchased. A circuit court judge in Illinois recently ruled that non-disclosure agreements signed by public bodies do not trump freedom of information laws when it comes to surveillance equipment/capability purchased by police. Citation:
- Documents sufficient to show all rules or regulations governing the use of products (hardware or software) that do 1. license plate scanning or reading or automatic photographing; 2. aerial surveillance, excluding monitoring roadways for speed infractions.
- The text of all agreements (whether formal, email, memo, or otherwise) between your department and any other public body or department that allows your department to use or access the capabilities of 1. license plate scanning or reading or automatic photographing; 2. aerial surveillance, excluding monitoring roadways for speed infractions.
- Documents sufficient to show the month and year your department first entered a program of scanning license plates or accessing a database of scanned plates, if it indeed has such a program (and end date of said program if it has ended).
- Documents sufficient to show the total number of license plates scanned in your department's jurisdiction (whether the jurisdiction in this case is precisely or roughly represented) since the department began its plate-scanning program or first purchased access to such a program
- Documents sufficient to show the month and year your department first entered a program of persistent aerial surveillance, if it indeed has such a program (and end date of said program if it has ended).
- Documents sufficient to show the number of plane-hours of aerial surveillance (excluding monitoring roadways for speed infractions) purchased by your department within the dates at the top of this request. For example, one plane flying for four hours is four plane-hours. Two planes flying for four hours is eight plane-hours.
- Documents sufficient to show any attempt made by a representative of your department to inform the public about automatic license plate readers or persistent aerial surveillance. This could include but is not limited to records of town hall meetings, quotes from police spokespeople in local media, or text from the department's website.
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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 1, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
Dear Mr. Smith:
This email is in response to your request for information pursuant to the Texas Public Information Act (the "Act") received by the City of Corpus Christi (the "City") on August 1, 2016 (attached).
Please find attached the City's response to your request. The City does note that it conducted a good faith search of its records, and was unable to locate information responsive to portions of your request. Moreover, the Department does not have an aerial surveillance program currently in effect. Therefore, there are no documents responsive to that portion of your request. Because the cost of providing you this information amounts to one dollar ($1.00) or less, the City is waiving applicable charges in this instance.
Assistant City Attorney
City of Corpus Christi
City Attorney's Office
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Telephone: (361) 826-3371
Facsimile: (361) 826-3239
Confidential and Privileged Attorney-Client Communication:
This email transmission and any attachment(s) may contain legally privileged or confidential information solely for use by the individual named as the recipient. If you are not the intended recipient, any dissemination, distribution, copying or other use of this communication is unauthorized. If you have received this communication in error, please immediately delete from your system, and destroy any copies.
Mr. Brandon Smith,
Your email was received in the Open Records office of the Corpus Christi Police Department, and all of this Department's responsive information was furnished to our attorney, Renatto Garcia, in the City Legal Department. Mr. Garcia has provided all responsive information to you on Tuesday, August 16, 2016. If you have any questions about the information you received, please call Mr. Garcia at 361-826-3371.