Public Safety Assessment - Code, policies, procurement, financial, and other records (Minnehaha County Clerk Of Courts)
| Multi Request | Public Safety Assessment - Code, policies, procurement, financial, and other records |
| Submitted | Nov. 24, 2019 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the South Dakota Open Records Law, I hereby request the following records:
Records and materials related to the solicitation, acquisition, evaluation, trial, pilot, and use of the Public Safety Assessment (PSA), created by the Laura and John Arnold Foundation (now known as Arnold Ventures) or any equivalent risk assessment system used by your agency or associated criminal justice offices.
This "software" or services may be provided by the Arnold Foundation, though this request is applicable to this, as well as any other company providing predictive risk assessment tools related to the criminal justice system of this jurisdiction or under consideration or contract with this agency for similar services.
Materials responsive materials include but are not limited to:
1. ALGORITHM or CODE
Any algorithm or code developed for implementation of or as part of this "software" or program or any related system that conducts calculations or decision making. This includes any algorithm or software developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program, as well as any algorithm or source code in use by this program or by which this system conducts calculations or decision making. This would include original source code, any compiled binaries (also known as executables), specification documents, spreadsheets, program scripts, and other digital materials used to calculate any data in the above program.
2. INPUT DATA
Any input training data for the "software" or related machine learning algorithms or programs.
For the aspects of the software that require an input (for example, to compute a value), please provide:
• a copy of the five most recent sets of data that were used for input, as well as
• the five most recent outputs of the software
in whatever their native format is.
If these inputs or outputs include exempt information, please provide all material save for specific information that is specifically exempted by law. Please also provide a description of input and output data fields that will aid in understanding the type of information that is submitted to the software and that is produced by the software.
3. AUDITS, REPORTS, and VALIDATION STUDIES
A copy of all reports concerning or mentioning the "software," including audit records, annual reports that mention the use of the "software," reports to legislative bodies, misuse reports, reports to oversight bodies.
This also includes all impact and validation studies. Please provide a copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program. Please also provide a copy of any records pertaining to inquiries for the need of validation studies or discussion of potential or actual validation studies. A “validation study” in this context is any study designed to assess how accurate the program is in predicting what it is supposed to predict, used to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or intended to evaluate whether the software does or will produce any results that are biased or unexpected in any way.
4. AGREEMENTS and CONTRACTS
Any and all agreements related to the acquisition and use of this "software," algorithm, or program.
This includes (but is not limited to):
• all contracts (as well as associated amendments, attachments, and exhibits),
• data sharing agreements
• insurance agreement
• intergovernmental services agreements
• licensing agreement
• memorandums of understanding, and
• nondisclosure agreements
regarding or relevant to this software or program.
Please provide a copy of any informal agreements, insurance agreements, liability waivers, and warranties that reference this technology or otherwise guide its use or the relationship between this agency, the provider or developer of the "software," or any other partner or entity that may use or access it.
5. BIDDING and PROCUREMENT
A copy of any available or relevant Requests for Expressions of Interest, Requests For Proposal (or equivalent calls for bids), responses to Requests for Expressions of Interest, letters of interest, responses to Requests for Proposal, sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question.
6. FINANCIAL and FUNDING MATERIALS
Any records related to the financing or funding of this "software," including a copy of any related funding opportunity announcements, grant applications, grantor status/progress reports, purchase orders, invoices, and other memoranda and documentation related to the payment or cost (or lack thereof) of the "software," related technology, personnel, equipment, or other elements concerning this "software" or program.
7. INSTRUCTIONAL MATERIALS and TRAINING
All instructional materials, presentations, and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software."
This includes any notes taken during meetings that discussed the use of the software, any explanations (whether generated internally or externally) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries.
This also includes training material governing the use, sharing, or access to the "software" or any data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology.
This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software.
8. PRIVACY ASSESSMENTS
A copy of any data retention guidelines or policies, data security policies, data security specifications, privacy impact assessments, security audits, or other materials evaluating or guiding the security of the "software" or the privacy of the data involved
9. USE POLICIES
Please provide a copy of any policy directives, guidance documents, memoranda, training materials, or similar records governing the use and function of this technology for immigration, law enforcement, or any purpose, including all those related to data retention, permissible and impermissible use, and security standards. This would include materials that describe the application, function, and use of the "software," including advertisements, emails, handouts, usage policies, PowerPoint presentations, specification documents, or standard operating procedures.
10. COMMUNICATION and MARKETING MATERIALS
All communications or marketing materials relevant to or mentioning this "software" or program.
This includes any correspondence between any staff at this agency with any other organization or vendor relevant to the use of the aforementioned technology or program, including records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing this technology for immigration, intelligence, law enforcement, or any use. This also includes correspondence in the form of emails, email attachments, paper letters, text message, and any other form of correspondence, as well as all marketing materials - unsolicited, requested, or otherwise - acquired from vendors of this technology.
____
If your office has questions about this request, please feel free to direct them to the address associated with this request or call the MuckRock office at 617-299-1832.
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.
Sincerely,
Beryl Lipton
From:
December 6, 2019
VIA EMAIL ONLY
Beryl Lipton requests@muckrock.com<mailto:requests@muckrock.com>
MuckRock News
DEPT MR 83737
411A Highland Ave
Somerville, MA 02144-2516
Re: Response to request dated 11/25/2019
Dear Beryl Lipton,
This letter acknowledges receipt of your request dated November 25, 2019, via a letter addressed to the Minnehaha County Clerk of Courts for "records and materials related to the solicitation, acquisition, evaluation, trial, pilot, and use of the Public Safety Assessment (PSA), created by the Laura and John Arnold Foundation (now known as Arnold Ventures) or any equivalent risk assessment system used by your agency or associated criminal justice offices."
This response is within the time frame established by SDCL § 1-27-37(1). Pursuant to SDCL § 1-27-37(1)(c), this letter serves as written notice to you that additional time is necessary to respond to the request. We estimate that our response will not be completed prior to January 2, 2020. Pursuant to SDCL § 1-27-37(2), this estimated response time is based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, and/or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request.
Sincerely,
Olivia Larson, MBA
Deputy Auditor
Commission Recorder
Minnehaha County
415 N Dakota Ave
Sioux Falls, SD 57104
Phone: 605-978-5742
Email: olarson@minnehahacounty.org<mailto:olarson@minnehahacounty.org>
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The information contained in this message is confidential, protected from disclosure and may be legally privileged. If the reader of this message is not the intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, distribution, copying, or any action taken or action omitted in reliance on it, is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by replying to this message and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.
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From: Minnehaha County Clerk Of Courts
December 19, 2019
VIA EMAIL ONLY
Beryl Lipton requests@muckrock.com<mailto:requests@muckrock.com>
MuckRock News
DEPT MR 83737
411A Highland Ave
Somerville, MA 02144-2516
Re: Response to request dated 11/25/2019
Dear Beryl Lipton,
In an e-mail to you dated December 6, 2019, Minnehaha County informed you of our need for additional time necessary to respond to your request dated November 25, 2019. At that time, I stated that the response would not be completed prior to January 2, 2020.
Upon further review of your request, Minnehaha County has determined that, pursuant to SDCL § 1-27-37(1)(c), we will need to extend our expected completion date to January 31, 2020. The extension of time needed is due to the length and detail of your request. Furthermore, pursuant to SDCL § 1-27-37(2), the estimated response time is based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, and/or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request.
Sincerely,
Olivia Larson, MBA
Deputy Auditor
Commission Recorder
Minnehaha County
415 N Dakota Ave
Sioux Falls, SD 57104
Phone: 605-978-5742
Email: olarson@minnehahacounty.org<mailto:olarson@minnehahacounty.org>
[mha_logo_horz_RGB_72dpi (2)]
The information contained in this message is confidential, protected from disclosure and may be legally privileged. If the reader of this message is not the intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, distribution, copying, or any action taken or action omitted in reliance on it, is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by replying to this message and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.
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From: Beryl Lipton
Hello Ms. Larson,
Thank you so much for your note. I'll look forward to hearing from you again.
All the best,
Beryl
From: Minnehaha County Clerk Of Courts
January 27, 2020
VIA EMAIL (1 of 4)
requests@muckrock.com<mailto:requests@muckrock.com>
Beryl Lipton
MuckRock News
DEPT MR 83737
411A Highland Ave
Somerville, MA 02144-2516
Re: Response to request dated 11/25/2019
Dear Beryl Lipton,
This letter acknowledges receipt of your request dated November 25, 2019, via correspondence addressed to the Minnehaha County Clerk of Courts. The broad description of your request is set forth in the first two paragraphs of your correspondence. You do, however, specify materials that you are seeking in Paragraphs 1-10. Below please find our response regarding the information you seek.
1. Algorithm or Code: The information you are seeking is not subject to public disclosure and accordingly, your request is denied. Specifically, your request is denied pursuant to SDCL 1-27-1.5(3), which provides that the following records are not subject to inspection and copying "*** proprietary or commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose". Additionally, your request is denied pursuant to SDCL 1-27-1.6(1), which exempts from public disclosure the following proprietary information: "*** computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss." Finally, a third basis for denial is SDCL 1-27-1.6(6)(b), which exempts from disclosure "[p]roprietary data, trade secrets, or other information that is "[d]ata unique to the product or services of the vendor."
1. Input data: The information you are seeking is not subject to public disclosure and your request is denied pursuant to the exemptions contained in SDCL 1-27-1.5(3) and SDCL 1-27-1.6(6)(b). Additionally, please note that the information you seek is maintained and organized within a modern data integrated infrastructure system that is a unique product and service of a private vendor, and which is protected under federal copyright law. Accordingly, additional bases for denial of your request are SDCL 1-27-1.6(6)(a) & SDCL 1-27-1.
1. Audits, Reports and Validation Studies: Attached please find a document responsive to your request: copy of slides of Pretrial Services Briefing PowerPoint presentation, 12/2018. The only other document that exists that may be responsive to your request would be a draft aggregate report reflecting frequency counts of the number of PSAs completed. Since this document is not a final report, and is a draft only, it is exempt from disclosure under SDCL 1-27-1.5(12).
1. Agreements and Contracts: Attached please find the following documents that are responsive to your request for Agreements and Contracts:
* Joint Cooperative Agreement for Software and Implementation Services
* Memorandum of Understanding (pertaining to Laura and John Arnold Foundation)
* Amendment to Memorandum of Understanding
* Agreement between Minnehaha County & Lincoln County for payment of expenses for pre-trial services
* Data Base Access Agreement between UJS and Minnehaha County
* Data Base Access Agreement between UJS and Minnehaha County Sheriff's Office
* Memorandum of Understanding between UJS, Open Lattice, Pennington County Sheriff's Office and Minnehaha County Commission
* Service Agreement between Minnehaha County and Open Lattice
* Consultation Services Agreement between Minnehaha County and Sage Project Consulting LLC for meeting facilitation
* Consultation Services Agreement between Minnehaha County and Sage Project Consultants for Triage Center Project
1. Bidding and Procurement: We do not have any documents that are responsive to this request.
1. Financial and Funding Materials: Attached please find documents that are responsive to your request and subject to public disclosure: Invoice, Open Lattice, 1/2017-12/2019; Invoice, Zeurcher, 1/2017-12/2019; and Zeurcher Invoice of 9/7/2018. To the extent your request is construed or intended to seek any of the following information, which is not subject to public disclosure, it is denied pursuant to SDCL 1-27-1.5 (12): correspondence, memoranda, calendars or logs of appointments, and working papers.
1. Instructional Materials and Training: The information you are seeking is not subject to public disclosure and your request is denied pursuant to the exemptions contained in SDCL 1-27-1.5(3) and SDCL 1-27-1.6(6)(b).
1. Privacy Assessments: The information you are seeking is not subject to public disclosure and accordingly, your request is denied. Specifically, your request is denied pursuant to SDCL 1-27-1.5(3), which provides that the following records are not subject to inspection and copying "*** proprietary or commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose". Additionally, your request is denied pursuant to SDCL 1-27-1.6(6)(b), which exempts from disclosure "[p]roprietary data, trade secrets, or other information that is "[d]ata unique to the product or services of the vendor." Your request is also denied pursuant to SDCL 1-27-1.5 (8), which exempts, in sum, information pertaining to the protection of public or private property.
1. Use Policies: The information you are seeking is not subject to public disclosure and your request is denied pursuant to the exemptions contained in SDCL 1-27-1.5(3) and SDCL 1-27-1.6(6)(b). Additionally, the only internal documents that exist regarding usage policies are in draft form only and therefore are exempt SDCL 1-27-1.5(12).
1. Communication and Marketing Materials: Attached please find documents that are responsive to your request and subject to public disclosure: Press Release dated October 31, 2016 and Press Release dated November 1, 2016. The correspondence information you are seeking is not subject to public disclosure and your request for that information is denied pursuant to SDCL 1-27-1.5 (12), which, in pertinent part, exempts correspondence, memoranda, calendars or logs of appointments, and working papers from disclosure.
Due to the file size of the documents being too large to send in one e-mail, please note that you will receive a total of four e-mails in order to provide all of the documents being released in response to your request. The final e-mail will be labeled as such to ensure that you are aware that all documents have been sent.
In closing, we are aware that your correspondence was originally directed to the Minnehaha County
Clerk of the Courts. The correspondence was forwarded by Court Administration to the County. The Auditor's Office is the keeper of the records for the County, such as county contracts. Accordingly, in the interests of transparency and in keeping with the spirit of the Open Records Act, we are responding to your request on behalf of the County.
However, please note that the South Dakota Open Records Act does not apply to records and documents of the Unified Judicial System. Accordingly, to the extent any of your above requests for information are construed as or intended to seek records of the Unified Judicial System, your request is denied pursuant to SDCL 1-27-1.12.
Sincerely,
Olivia Larson, MBA
Deputy Auditor
Commission Recorder
Minnehaha County
415 N Dakota Ave
Sioux Falls, SD 57104
Phone: 605-978-5742
Email: olarson@minnehahacounty.org<mailto:olarson@minnehahacounty.org>
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The information contained in this message is confidential, protected from disclosure and may be legally privileged. If the reader of this message is not the intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, distribution, copying, or any action taken or action omitted in reliance on it, is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by replying to this message and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.
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From: Minnehaha County Clerk Of Courts
Email 2 of 4. Please see below for reference.
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From: Minnehaha County Clerk Of Courts
Email 3 of 4. Please see below for reference.
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From: Minnehaha County Clerk Of Courts
Email 4 of 4. Final Email. Please see below for reference.
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