Persistent Surveillance Systems Invoices (Denver Police Department)

Brandon Smith filed this request with the Denver Police Department of Denver, CO.
Submitted Aug. 1, 2016
Status
Completed

Communications

From: Brandon Smith

Subject: Colorado Open Records Act Request: Persistent Surveillance Systems Invoices (Denver Police Department)

Email

To Whom It May Concern:

Pursuant to the Colorado Open Records 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 brian.schockley@vigilantsolutions.com. 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:
http://arstechnica.com/tech-policy/2016/01/chicago-police-must-finally-produce-stingray-records-judge-orders/
- 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 3 business days, as the statute requires.

Sincerely,

Brandon Smith

From: Dulacki, Mary J. - MOS

Subject: RE: Colorado Open Records Act Request: Persistent Surveillance Systems Invoices (Denver Police Department)

Email

Dear Mr. Smith:

Please see the responses to your questions below:

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" We have no documents responsive to your request.

- Copies of all invoices to or from these companies, and documents sufficient to show any and all disbursement of public funds to either company
We have no documents responsive to your request.

- 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; The Denver Police Department has contracted with 3M to provide equipment and services for automatic license plate readers. The Department is not the custodian of records for contracts - the Clerk and Recorder is the custodian of records for all contracts entered into by the City and County of Denver. Please contact the Clerk and Recorder for a copy of the contract.

2. aerial surveillance, excluding monitoring roadways for speed infractions. We have no documents responsive to your request.
- 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
Please find attached the invoices from 3M for equipment and maintenance on automatic license plate readers paid by the Denver Police Department.

- All emails between police department email accounts and users on the domains "pss-1.com" or "vigilantsolutions.com". (One example would be brian.schockley@vigilantsolutions.com<mailto:brian.schockley@vigilantsolutions.com>. Users on the domain would be in the form of XXXXXXXXX@vigilantsolutions.com<mailto:XXXXXXXXX@vigilantsolutions.com>)
We have no documents responsive to your request.

- 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:
http://arstechnica.com/tech-policy/2016/01/chicago-police-must-finally-produce-stingray-records-judge-orders/
We have no documents responsive to your request.

- 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.
Please refer to Section 119.03 of the Denver Police Department Operations Manual which is available on line at denvergov.org/police. Additionally, please direct your attention to CRS 24-72-113, Limit on Retention of Passive Surveillance Records, also available on line.

- 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). The Department implemented the automatic license plate reader program in April, 2015.

- 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
Please see the attached document "ALPR Totals".

- 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).
We have no documents responsive to your request.

- 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.
We have no documents responsive to your request.

- 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.
Please see the video produced by the Denver Police Department on YouTube via the following link:
https://www.youtube.com/watch?v=COBClFEQQJk

Mary Dulacki | Records Administrator
Department of Public Safety| City and County of Denver
p: 720.913.6262 | mary.dulacki@denvergov.org
[https://www.denvergov.org/content/dam/denvergov/Portals/534/images/DenverEmailSignature.jpg]

This e-mail and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 720-913-6262 and permanently delete the original and destroy any copies or printouts. Thank you.

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