Fusion Center MOUs, MOAs and NDAs (Illinois Statewide Terrorism and Intelligence Center)

Emma North-Best filed this request with the Illinois Statewide Terrorism and Intelligence Center of Illinois.
Multi Request Fusion Center MOUs, MOAs and NDAs
Est. Completion Nov. 6, 2020
Status
Fix Required

Communications

From: Emma North-Best


To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

Copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), Non-Disclosure Agreements (NDAs) and other coordination, cooperation, or other resource or information sharing arrangements with federal, state or local agencies, specifically including but not limited to law enforcement agencies.

You may limit the scope of this request to documents generated between January 1, 2012 and the date of the processing of this request. If the most recent agreements (whether active or inactive) predate January 1, 2012, then I request a copy of the most recently applicable document.

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 in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. 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 library Internet Archive and the journalist non-profit 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.

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 5 business days, as the statute requires.

Sincerely,

Emma Best

From: Illinois Statewide Terrorism and Intelligence Center

Emma B.,

This email is in response to your FOIA request received by this Agency for copies of MOUs, MOAs, NDAs and other coordination, cooperation, or other resource or information sharing arrangements with federal, state or local agencies, specifically including, but not limited to, law enforcement agencies.

Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days. We are extending the time to respond to your request by 5 business days for the following reason:
3(e)(iv) the requested records have not been located in the course of routine search and additional efforts are being made to locate them.

The Agency will make every effort to respond to your request as soon as possible. In any event, you will be notified by November 6, 2020.

Traci Burton, Paralegal Assistant
Office of Legal Counsel
Illinois Emergency Management Agency

1035 Outer Park Drive
Springfield, IL 62704
Phone: 217-720-8242
Email: traci.burton@illinois.gov<mailto:traci.burton@illinois.gov>

PRIVILEGE AND CONFIDENTIALITY NOTICE: This email and attachments may contain information which is confidential and/or Attorney/Client privilege. Disclosure or use of any such information without the written permission of the sender is strictly prohibited. If you received this email in error, please notify the sender by return e-mail and delete this email from your system. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege or any other legal exemption from disclosure.

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

From: Illinois Statewide Terrorism and Intelligence Center

Emma B.,

You have requested "copies of the Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), Non-Disclosure Agreements (NDAs) and other coordination, cooperation, or other resource or resource or information sharing arrangements with federal, state or local agencies, specifically including but not limited to law enforcement agencies. You may limit the scope of this request to documents generated between January 1, 2012 and the date of the processing of this request. If the most recent agreements (whether active or inactive) predate January 1, 2012, then I request a copy of the most recently applicable documents. "

Your request, as it is written, requires IEMA to search and/or review any number of records to determine whether they relate to any historical record containing the categorical and broad search terms contained in your request. You have requested any and all records possessed by the Agency since January 1, 2012 that contain these search terms and such a search and review of this generality would require a tremendous expenditure in time and personnel hours. It is the position of the Agency that performing a search and review of this magnitude would place an undue burden on the Agency in that it would require such a commitment of personnel and time as to diminish the Agency's ability to achieve its primary response mission including the current effort to respond to the COVID-19 threat. You are welcome to narrow and clarify your request to more manageable proportions and by supplying more specific search terms, identifying the subject matter of the documents and/or the names of specific individuals or departments within the Agency that might possess the documents that you are requesting. IEMA is willing to work with you to narrow your request.

In the event you view this as a denial of your request, you have a right to have the denial reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General, pursuant to 5 ILCS 140/9.5(a). You can file your request for review with the PAC to:

Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62706

You also have the right to seek judicial review of your denial by filing a lawsuit in the state circuit court, pursuant to 5 ILCS 140/11.

If you choose to file a request for review with the PAC, you must do so within 60 calendar days of the date of this denial letter (5 ILCS 140/9.5(a)). Please note that you must include a copy of your original FOIA request and this denial letter when filing a request for review with the PAC.

If you would like the opportunity to discuss options to narrow the request or if you have any questions, please do not hesitate to contact our FOIA Officer, Mr. Jonathan England, at 217-785-9884 or Jonathan.England@illinois.gov<mailto:Jonathan.England@illinois.gov>.

Traci Burton, Paralegal Assistant
Office of Legal Counsel
Illinois Emergency Management Agency

1035 Outer Park Drive
Springfield, IL 62704
Phone: 217-720-8242
Email: traci.burton@illinois.gov<mailto:traci.burton@illinois.gov>

PRIVILEGE AND CONFIDENTIALITY NOTICE: This email and attachments may contain information which is confidential and/or Attorney/Client privilege. Disclosure or use of any such information without the written permission of the sender is strictly prohibited. If you received this email in error, please notify the sender by return e-mail and delete this email from your system. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege or any other legal exemption from disclosure.

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

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