EMAC Agreement and After Action Reports regarding DAPL (North Dakota) (Nebraska Emergency Management Agency)
| Submitted | Nov. 12, 2016 |
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Communications
From: Melissa Hill
To Whom It May Concern:
Pursuant to the Nebraska Public Records Statutes (Neb. Rev. Stat. § 84-712), I hereby request the following records:
I would like a copy of any and all Emergency Management Assistance Compacts (EMAC) and/or similar Intergovernmental Agreements regarding the Dakota Access Pipeline (DAPL) Project in North Dakota. If available, I would also like a copy of any After Action Report(s) produced after this event.
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 4 business days, as the statute requires.
Sincerely,
Melissa Hill
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 12, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Curtis, Brent
Ms. Hill:
Attached, please find our response to your public record request under the Nebraska Public Records Statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09 (2014, Cum. Supp. 2016). Due to the significant hours and operational costs involved in complying with your request (as stated in the attached letter), our estimated cost to complete this request is in excess of $50. Under § 84-712(3)(f), if the estimate to produce the records is more than $50, the custodian of the records may require the requester to furnish a deposit prior to fulfilling the request. We will require a deposit of a minimum of 50% of the estimated cost prior to the fulfillment of your request.
Please send cashier's check or money order (payable to "Nebraska Emergency Management Agency") to the following:
Nebraska Emergency Management Agency
Attn: Deb Kai
2433 NW 24th Street
Lincoln, NE 68524
Pursuant to Neb. Rev. Stat. § 84-712(4), you have ten business days to review the estimated costs set out above and request that we fulfill the original request, negotiate with us to narrow or simplify your request, or withdraw your request. If we do not receive a response from you within ten business days from the date of this letter, we will not proceed further to fulfill your records request.
Brent Curtis
Admin III
Nebraska Emergency Management Agency
2433 N.W. 24th Street
Lincoln, NE 68524
(402) 471-7426
brent.curtis@nebraska.gov<mailto:earl.imler@nebraska.gov>
www.nema.nebraska.gov<http://www.nema.nebraska.gov/>
From: Melissa Hill
Dear Mr. Curtis,
If this request was narrowed down to a copy of the Emergency Management Assistance Compact (EMAC) agreement regarding the Dakota Access Pipeline (DAPL) Project in North Dakota, what would the estimate be on the costs?
Thank you,
Melissa Hill
From: Curtis, Brent
Ms. Hill:
In response to your query, as to the request being narrowed to “a copy of the Emergency Management Assistance Compact (EMAC) agreement regarding the Dakota Access Pipeline (DAPL) Project in North Dakota”, we estimate that the search of records and determination as to whether there is any basis or requirement to keep portions of any records found confidential under the appropriate Nebraska statutes would be less than the minimal billable amount advised by the Nebraska Attorney General’s office. Therefore, there would be no cost involved in providing these records.
If this is the course of action that you wish to pursue, we will require you to—via email or letter: (1) amend your current public record request stating that you wish to alter it as you described, or (2) withdraw the current request, and submit a new public record request with a description of the specific document(s) you are requesting.
Brent Curtis
Admin III
Nebraska Emergency Management Agency
2433 N.W. 24th Street
Lincoln, NE 68524
(402) 471-7426
brent.curtis@nebraska.gov<mailto:earl.imler@nebraska.gov>
www.nema.nebraska.gov<http://www.nema.nebraska.gov/>
From: Melissa Hill
Mr. Curtis:
Please see the amendment to my original request below:
Pursuant to the Nebraska Public Records Statutes (Neb. Rev. Stat. § 84-712), I hereby request the following records: a copy of the Emergency Management Assistance Compact (EMAC) agreement regarding the Dakota Access Pipeline (DAPL) Project in North Dakota.
Thank you,
Melissa Hill
From: Curtis, Brent
Ms. Hill,
1. Are you withdrawing your previous request?
2. I should be able to have the records you requested transmitted to you by close of business, Friday, December 2nd.
Brent Curtis
Admin III
Nebraska Emergency Management Agency
2433 N.W. 24th Street
Lincoln, NE 68524
(402) 471-7426
brent.curtis@nebraska.gov<mailto:earl.imler@nebraska.gov>
www.nema.nebraska.gov<http://www.nema.nebraska.gov/>
From: Melissa Hill
Mr. Curtis,
1) Yes, I am withdrawing my previous request. I am only requesting the records in my amended request of 11/19/2016.
Thanks for the update on the status of the records.
Melissa
From: Curtis, Brent
Ms. Hill,
I have compiled the documents that you have requested, and I am awaiting final approval for release of those records. Once I have acquired the approval, I will transmit those records to you electronically via email, as you requested.
Brent Curtis
Admin III
Nebraska Emergency Management Agency
2433 N.W. 24th Street
Lincoln, NE 68524
brent.curtis@nebraska.gov<mailto:earl.imler@nebraska.gov>
www.nema.nebraska.gov<http://www.nema.nebraska.gov/>
From: Curtis, Brent
Ms. Hill,
In response to your public record requests, I have attached the following files:
* 2016nov29 MelissaHill Record Request.pdf - Please review this, as this is the official response accompanying the records you have requested.
* NE EMAC Mission 1060 1.pdf - Please note that the mission was for 11 law enforcement officers. While it appears that there are 22 listed, we actually had to list each officer twice, due to shortfalls of the form organization with regard to tracking overtime hours worked versus normal working hours. Thus, only 11 law enforcement officers were actually deployed on mission.
* NE EMAC Mission 1060 2F.pdf - Please note that mission was for 1 pilot and 1 crew member. While it appears that there are 8 listed, we actually had to list each officer twice, due to shortfalls of the form organization with regard to tracking overtime hours worked versus normal working hours. Furthermore, we listed a total of 4 personnel, as that was the list of qualified personnel who would potentially be available to fulfill the mission. Thus, only 1 pilot and 1 crew member were actually deployed on mission.
* NE EMAC Mission 1060 3.pdf - Please note that mission was for 11 law enforcement officers. While it appears that there are 22 listed, we actually had to list each officer twice, due to shortfalls of the form organization with regard to tracking overtime hours worked versus normal working hours. Thus, only 11 law enforcement officers were actually deployed on mission.
If you have any questions on the files you received or any difficulty opening them, please contact me via email and I will work with you to resolve those issues.
Brent Curtis
Admin III
Nebraska Emergency Management Agency
Brent.Curtis@nebraska.gov<mailto:Brent.Curtis@nebraska.gov> | www.nema.nebraska.gov<http://www.nema.nebraska.gov>
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