Recorded Securus Phone Calls and/or Communications Records and Contracts and Supporting Documents - Leavenworth County

Robert Teel filed this request with the Leavenworth County Sheriff's Office of Leavenworth County, KS.
Status
Rejected

Communications

From: Robert Teel

To Whom It May Concern:

Pursuant to the Kansas Open Records Act (K.S.A. 45-215), I hereby request the following records:

Please provide:

(1) all (i) audio or visual records and recordings, or (ii) written transcriptions, notes, reports, or memoranda, or (iii) other information, about, in connection with, or of, any and all phone calls, emails, videos, or other communications made or received by detainees or inmates using any Securus phone or communication system, including without limitation the Securus Secure Call Platform or the AdvanceConnect Direct Bill, Traditional Collect, Inmate Debit, Jail Voicemail, Video Visitation, Securus Online, or Secure Instant Email, for any detention facilities operated by you, including without limitation the LEAVENWORTH COUNTY JAIL, and including without limitation records and recordings of:

(a) the content of the communication;
(b) the prisoners’ first and last names;
(c) the phone numbers they called or received calls from;
(d) the date, time, and duration of the calls;
(e) the inmates’ Securus account numbers;
(f) the metadata for the communication;
(g) the recording URL where the audio recordings of the calls can be downloaded; and
(h) any other information collected by Securus or you in connection with such calls; and

(2) all contracts, agreements, correspondence, documents, statements, writings and recordings of every kind (mechanical, electronic, typed or written) by and between the Missouri Department of Corrections or any other law enforcement agency and Securus, including but not limited to, letters, correspondence, memoranda, notes, audio recordings, reports, and transcriptions in the possession of, or subject to the control of you or Securus.

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,

Robert Teel

From: Dedeke, Andrew

Mr. Teel,

The Leavenworth County Sheriff's Office does not contract with Securus.

Sheriff A. Dedeke

From: Robert Teel

Thank you Sheriff Dedeke for your prompt reply. Securus advertises that it serves the "CCA Leavenworth Detention Center" and the "CCA Leavenworth Detention Center (County)". It also advertises it records over 100 million phone calls which it "makes available at the fingertips of law enforcement and correctional authorities." It also states, "the data which is available to correction and law enforcement authorities is growing every day and can be provided to law enforcement investigators on demand." The recordings of inmate phone calls serves to not only enhance the safety and security of the detention/correctional facility by the correctional authorities, but also to aid local law enforcement in the investigation and prevention of crimes in the community outside the detention/correctional facilities.

In as much as the Sheriff's Office is the chief law enforcement agency for Leavenworth County I would like to know if your office has in its possession, or has access to, or has control of any of the items other than contracts, as originally requested above, including without limitation the production of any (1) audio or visual records and recordings, (2) written transcriptions, notes, reports, or memoranda, or (3) other information, about, in connection with, or of, any and all phone calls, emails, videos, or other communications made or received by detainees or inmates using any Securus phone or communication system as well supporting documents and any other non-contract documents by and between your office and Securus.

If so please, produce them. If after a diligent search your office does not have any of the originally requested items in its possession, or does not have access to, or does not have control of any of the foregoing items, please so state.

Thank you Sheriff for your consideration.

Sincerely,

Robert Teel

From: Dedeke, Andrew

"CCA Leavenworth Detention Center" is a private prison owned and operated by Corrections Corporation of America. In no way is CCA affiliated with Leavenworth County government or my office. http://www.cca.com/facilities/leavenworth-detention-center will provide contact information regarding your request.

I consider this request appropriately addressed.

From: Robert Teel

Thank you for your rapid response. Unfortunately, the response does not indicate if the Sheriff's Office does, or does not, have any of the requested items, recordings, or documents, or if the request is just being flatly denied.

If the Sheriff's Offices does not have any responsive items, please say so.

If the Sheriff's Office does have any responsive items and is denying this request, please cite each specific exemption relied on to justify the refusal to release the information and provide the appeal procedures available under the law.

KSA 45-128 provides, "if access to the public record is not being granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection." The fact that the Sheriff's Office does "not contract with Securus" and the detention facility "is owned and operated by [CCA]" does not give any indication of whether the Sheriff's Office is in possession of the records and items requested. If that it is the reason for access to the records not being granted, or the items not being provided, a written confirmation that the Sheriff's Office or the agency does not have any responsive documents or items will suffice.

However, if the Sheriff's Office is in possession of any responsive documents or items and is denying access, please consider this a request for a written statement of the grounds for such denial as required by KSA 45-218 which reads, "If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received."

Finally, please advise if this request has been directed to the proper custodian of the public records as required under KSA 45-218. If not, state the name and location of the custodian of the public record for the Sheriff's Office or applicable public agency. Providing me a link to a publicly traded company website is not sufficient.

In short, Securus records all telephone conversations with its detainees and makes those recordings available to law enforcement, including the Sheriff's office. If you have any such recordings, provide them or state your grounds for refusing to do so. If you don't have any, say so.

Respectfully submitted and requested,
Robert Teel

From: Robert Teel

RE: Kansas Open Records Act Appeal
KORA Request to Leavenworth County Sheriff
Originally dated February 5, 2016

To Whom It May Concern:

This is an appeal for constructive denial of the above-referenced request on the grounds that:

(1) access to the records was not granted immediately, the reason therefore was not explained in detail, and there was no written statement of the grounds for denial or any specific provision of law relied on to deny access provided; and

(2) the response neither identified Sheriff Dedeke as the custodian of the public records requested, nor furnished the name and location of the custodian of the public record.

Despite having requested more detailed information, I have not received any response. The agency refuses to acknowledge: (a) whether it simply has no responsive documents; or (b) whether it has possession of some or all of the responsive records and is denying the request based on some provision of law.

Please provide an appropriate response under KSA 45-218(c) and (d) and remand this request to the appropriate office for a good faith search and provision of responsive documents in keeping with the agency's obligations under the KORA.

Respectfully,
Robert Teel

From: Leavenworth County Sheriff's Office

A letter stating that the request appeal has been succesful.

From: Whelan, Cheryl

Mr. Teel,

Please see the attached letter.

Cheryl Whelan, Assistant Attorney General
Director of Open Government Training and Compliance
Legal Opinions & Government Counsel Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
785-368-8402 phone
785-296-6296 fax
cheryl.whelan@ag.ks.gov
www.ag.ks.gov

This email message is intended only for the individual or entity to which it is addressed and is confidential. The Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, covers this message and any accompanying documents. If you are not the intended recipient, or an agent responsible for delivering it to the intended recipient, you have received this message in error and you are hereby notified that any review, dissemination, distribution, or copying of this communication, or use of its contents or attachments, is strictly prohibited. If you received this communication in error, please notify our office by telephone at (785) 296-2215 and permanently delete this message and any attachments from your system without reading, printing, or saving in any manner. Receipt by anyone other than the intended recipient is not a waiver of any joint prosecution or investigation privilege, attorney-client privilege, work-product immunity, or any other privilege or immunity.

From: Robert Teel

Dear Sheriff Dedeke,

I apologize for an inadvertent error in subpart (2) of my KORA request to your office on February 5, 2016. The agency referenced in subpart (2) of my original request should have been to the "Leavenworth County Sheriff's Office."

In case there is any remaining confusion, I am resubmitting my original request as follows:

Please provide:

(1) all (i) audio or visual records and recordings, or (ii) written transcriptions, notes, reports, or memoranda, or (iii) other information, about, in connection with, or of, any and all phone calls, emails, videos, or other communications made or received by detainees or inmates using any Securus phone or communication system, including without limitation the Securus Secure Call Platform or the AdvanceConnect Direct Bill, Traditional Collect, Inmate Debit, Jail Voicemail, Video Visitation, Securus Online, or Secure Instant Email, for any detention facilities operated by you, including without limitation the "CCA Leavenworth Detention Center", the "CCA Leavenworth Detention Center (County)", or the "Leavenworth County Jail", and including without limitation records and recordings of:

(a) the content of the communication;
(b) the prisoners’ first and last names;
(c) the phone numbers they called or received calls from;
(d) the date, time, and duration of the calls;
(e) the inmates’ Securus account numbers;
(f) the metadata for the communication;
(g) the recording URL where the audio recordings of the calls can be downloaded; and
(h) any other information collected by Securus or you in connection with such calls; and

(2) all contracts, agreements, correspondence, documents, statements, writings and recordings of every kind (mechanical, electronic, typed or written) by and between the Leavenworth County Sheriff's Office or any other law enforcement agency and Securus, including but not limited to, letters, correspondence, memoranda, notes, audio recordings, reports, and transcriptions in the possession of, or subject to the control of you or Securus.

Respectfully,

Robert Teel

From: Whelan, Cheryl

Mr. Teel,

Please see the attached letter.

Cheryl Whelan, Assistant Attorney General
Director of Open Government Training and Compliance
Legal Opinions & Government Counsel Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
785-368-8402 phone
785-296-6296 fax
cheryl.whelan@ag.ks.gov
www.ag.ks.gov

This email message is intended only for the individual or entity to which it is addressed and is confidential. The Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, covers this message and any accompanying documents. If you are not the intended recipient, or an agent responsible for delivering it to the intended recipient, you have received this message in error and you are hereby notified that any review, dissemination, distribution, or copying of this communication, or use of its contents or attachments, is strictly prohibited. If you received this communication in error, please notify our office by telephone at (785) 296-2215 and permanently delete this message and any attachments from your system without reading, printing, or saving in any manner. Receipt by anyone other than the intended recipient is not a waiver of any joint prosecution or investigation privilege, attorney-client privilege, work-product immunity, or any other privilege or immunity.

From: Robert Teel

Hi Cheryl,

This confirms our phone conversation earlier this week that I am not currently seeking any materials from the AG’s office. Feel free to close the file.

Thanks for your consideration and courtesy.

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