Standing Rock Protest Eviction Reports (Fargo Police Department)
| Submitted | March 3, 2017 |
| Est. Completion | None |
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Communications
From: Curtis Waltman
To Whom It May Concern:
Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), I hereby request the following records:
Arrest reports for anyone taken into custody on February 22nd or February 23rd of 2017 in the area along the Cannonball River that was the site of the anti-Dakota Access pipeline protests. On the dates just mentioned an eviction of demonstrators took place. I would also like any Special Event Threat Assessment Reports, situational awareness reports, compilations of equipment or munitions to be used, any after action reports, any incident reports, and any post-operational briefings or memoranda to personnel concerning the eviction. I would also like any reports on the cleaning up of the protester camp, which came to be known as Oceti Sakowin. These would be reports dealing with what role the department would play in the clean up, and what methods were used.
As a member of the news media working for MuckRock News I request that a fee waiver for my request be granted. My work has also been published by national outlets. My work for Motherboard can be viewed at the following link: http://motherboard.vice.com/author/cwaltman
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 would request your response within ten (10) business days.
Sincerely,
Curtis Waltman
From: Joseph Anderson
Mr. Waltman,
Since this is an on-going criminal investigation by the Morton County Sheriff's Office, you will need to make your open records request through the Morton Co S.O. Any reports we may have in relation to the open criminal investigation by Morton Co. S.O. may not subject to release pursuant to N.D.C.C. However, as I review the list of reports you are requesting, most if not all of the reports, briefings, or memoranda regarding the eviction we do not possess.
You are probably already aware pursuant to N.D.C.C. 44-04-18(4) we are not obligated to create or compile a record which doesn't exist. In addition, N.D.C.C. 44-04-18(2) allows us to charge a $25/hour fee, excluding the first hour, for locating electronic records. The section also allows us to charge a $25/hour fee, excluding the first hour, for excising confidential or closed material. For future reference, we will not waive any fees and we will require a monetary deposit before any work is done to locate a record.
Respectfully,
Deputy Chief Joe Anderson
Administrative Services Division
Fargo Police Department
222 4th St. N.
Fargo, ND 58102
Ph: (701) 476-4174
FBI NA 250th Session
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March 3, 2017
Fargo Police Department
To Whom It May Concern:
Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), I hereby request the following records:
Arrest reports for anyone taken into custody on February 22nd or February 23rd of 2017 in the area along the Cannonball River that was the site of the anti-Dakota Access pipeline protests. On the dates just mentioned an eviction of demonstrators took place. I would also like any Special Event Threat Assessment Reports, situational awareness reports, compilations of equipment or munitions to be used, any after action reports, any incident reports, and any post-operational briefings or memoranda to personnel concerning the eviction. I would also like any reports on the cleaning up of the protester camp, which came to be known as Oceti Sakowin. These would be reports dealing with what role the department would play in the clean up, and what methods were used.
As a member of the news media working for MuckRock News I request that a fee waiver for my request be granted. My work has also been published by national outlets. My work for Motherboard can be viewed at the following link: http://motherboard.vice.com/author/cwaltman
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 would request your response within ten (10) business days.
Sincerely,
Curtis Waltman
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PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
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