Geofeedia Inc. Contracts, Invoices - Social Media Surveillance Policies (Olathe Police Department)

Beryl Lipton filed this request with the Olathe Police Department of Olathe, KS.
Tracking #

F-2017-14671

Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

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

Any and all contracts (as well as all associated amendments, exhibits, and materials), memorandums of understanding, and other equivalent agreements entered into by this agency with Geofeedia LLC or any other social media surveillance software or equipment company (including but not limited to Brightplaent, Geofeedia, Intrado Inc, LifeRaft, Magnet Forensics, Media Sonar, Signal Corporation, and ZeroFOX). Responsive materials should include but not be limited to:

• the initial Invitation to Bid, Request for Proposal, or equivalent call for contractors
• the responsive materials provided by the winning bidder
• other bidder responses
• the current contract
• all exhibits
• all amendments
• all performance work statements
• all deliverables inventories
• all invoices related to the deliverance of software, services, or goods

Please also include:
• all policies related to the acquisition and use of social media and surveillance software by individual officers and representatives of this agency

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,

Beryl Lipton

From: Karri Barker

Mr. Lipton,

My name is Karri Barker. I am the Records Custodian for the Olathe Police Department. This email is to notify you that I have received your request for information and I am in the research process for this request. I will be in touch with you as soon as I have completed my research and have a response. Feel free to contact me anytime at 913-256-9185 or via email for status updates.

Sincerely,
Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-971-6927 Fax

From: Karri Barker

Good Afternoon,

I just wanted to touch base with you today to let you know that I am still working on your request for information. I am hopeful to have a response to you at some point next week. I will remain in contact with you and provide status updates as I have them. Please again, feel free to contact me at 913-971-6517 if you have any questions or concerns.

Thank-you,
Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Karri Barker

Good Afternoon,

I wanted to touch base with you again to let you know that I have had some unforeseen family issues that required me to be out of the office recently. I am in the process of drafting a response to your request and as soon as my response is drafted it will be reviewed by my chain of command and then provided to you. I apologize for the delay in response. Please feel free to contact me at any of the numbers listed below if you have any questions or concerns.

Sincerely,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Karri Barker

Attached, please find my official response to the Open Records Request that you filed with our agency. Please feel free to contact me if you have any questions, concerns or are unable to open the attachment.

Sincerely,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Beryl Lipton

Hello Ms. Barker,

Thank you so much for your letter; I hope your family emergency was resolved peacefully. Would it be possible for you to please elaborate on your response? My understanding of K.S.A. 45-221(d) is that if there is any information included in responsive files not eligible to be withheld, I am entitled to that. My request included many bullet points, not the least of which involved the procurement process involved in soliciting and buying social media surveillance systems. Perhaps there are available materials pertaining to that segment of my request that might be released. Of course, I am interested in all of the materials I requested.

Thank you so much for your help and time.

Best wishes,
Beryl

(d) If a public record contains material which is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public record which is subject to disclosure pursuant to this act. If a public record is not subject to disclosure because it pertains to an identifiable individual, the public agency shall delete the identifying portions of the record and make available to the requester any remaining portions which are subject to disclosure pursuant to this act, unless the request is for a record pertaining to a specific individual or to such a limited group of individuals that the individuals' identities are reasonably ascertainable, the public agency shall not be required to disclose those portions of the record which pertain to such individual or individuals.

http://kslegislature.org/li_2014/b2013_14/statute/045_000_0000_chapter/045_002_0000_article/045_002_0021_section/045_002_0021_k/

From: MuckRock

To Whom It May Concern:

Please find attached the necessary complaint form to initiate a Kansas Open Records Act grievance with the Kansas Attorney General's office.

Thank you so much for your time and help. I look forward to hearing from you.

Best wishes,
Beryl

From: Mendoza, Lisa

Dear Ms. Lipton:

Please see attached letter. A hard copy of this letter will not follow.

Sincerely,

Lisa A. Mendoza, Assistant Attorney General
Director, Open Government Enforcement Unit
Civil Litigation Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
Ph. 785.368.8063
Fax 785.291.3767
lisa.mendoza@ag.ks.gov<mailto:lisa.mendoza@ag.ks.gov>
www.ag.ks.gov<http://www.ag.ks.gov/>

This communication, and any attachments, is private and confidential and for the exclusive use of the intended recipient. The information contained herein, as well as any attachments, is confidential and privileged under the joint prosecution or investigation privilege, attorney-client privilege, work product privilege, joint defense privilege, or any other applicable privilege or immunity. If you are not the intended recipient and have received this communication in error, please notify the sender immediately and destroy the original message and all copies. Any unauthorized disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of any protection, privilege, or immunity. Please also note the Kansas Open Records Act provides that public records, including correspondence to me via email, may be subject to disclosure unless otherwise protected by law.

From: Beryl Lipton

Hello Ms. Mendoza,

Thank you for your message. Could you please clarify the issue with the form that I attached to my last email? Is it necessary, instead, that I submit the complaint via the website rather than via the downloadable, printable pdf version of the complaint form found at the top of that page?

Thanks so much for your time,
Beryl

From: Mendoza, Lisa

Dear Ms. Lipton:

There was no form attached to your prior email, which prompted our letter.

You may complete the online version or print the form, complete, sign and send it via United States mail. You may also scan the completed form and attach it to an email and send it to my attention. However, the statute is clear that you must complete the form.

Thank you in advance for your attention to this matter.

Sincerely,

Lisa A. Mendoza, Assistant Attorney General
Director, Open Government Enforcement Unit
Civil Litigation Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
Ph. 785.368.8063
Fax 785.291.3767
lisa.mendoza@ag.ks.gov<mailto:lisa.mendoza@ag.ks.gov>
www.ag.ks.gov<http://www.ag.ks.gov/>

This communication, and any attachments, is private and confidential and for the exclusive use of the intended recipient. The information contained herein, as well as any attachments, is confidential and privileged under the joint prosecution or investigation privilege, attorney-client privilege, work product privilege, joint defense privilege, or any other applicable privilege or immunity. If you are not the intended recipient and have received this communication in error, please notify the sender immediately and destroy the original message and all copies. Any unauthorized disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of any protection, privilege, or immunity. Please also note the Kansas Open Records Act provides that public records, including correspondence to me via email, may be subject to disclosure unless otherwise protected by law.

From: MuckRock

Hello Ms. Mendoza,

Thank you for getting back to me so quickly. I've tried attaching the form again. Could you please confirm that it's been received properly?

Thanks so much for your time.

Best,
Beryl

From: Karri Barker

Ms. Lipton,

This email is in response to your January 11, 2017 inquiry regarding the existence of any documents which are not eligible to be withheld per K.S.A. 45-221(d). There are no responsive files which require production pursuant to the exceptions that we identified in our previous correspondence (K.S.A. 45-221(a) (10) and (45)). Please feel free to contact me at 913-971-6517 or via email if you have any further questions or concerns.

Sincerely,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Mendoza, Lisa

Dear Ms. Lipton:

This is to acknowledge receipt of your email and the associated complaint. I was able to successfully open the complaint.

In Ms. Barker’s January 10, 2017, email below responding to your KORA request, she refers to an email attachment that contains her response. Please provide us with a copy of that document for review, as well as each email that you received from Ms. Barker that shows the time and date of the response. This will assist us in understanding your complaint.

We note that you addressed your email to us at the Olathe Police Department. To be clear, this office is not associated with the Olathe Police Department. The complaint process is a separate process set out in Kansas law, and not a grievance process within the Olathe Police Department.

Thank you in advance for providing the requested documents. Please feel free to contact us with any questions or concerns.

Sincerely,

Lisa A. Mendoza, Assistant Attorney General
Director, Open Government Enforcement Unit
Civil Litigation Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
Ph. 785.368.8063
Fax 785.291.3767
lisa.mendoza@ag.ks.gov<mailto:lisa.mendoza@ag.ks.gov>
www.ag.ks.gov<http://www.ag.ks.gov/>

This communication, and any attachments, is private and confidential and for the exclusive use of the intended recipient. The information contained herein, as well as any attachments, is confidential and privileged under the joint prosecution or investigation privilege, attorney-client privilege, work product privilege, joint defense privilege, or any other applicable privilege or immunity. If you are not the intended recipient and have received this communication in error, please notify the sender immediately and destroy the original message and all copies. Any unauthorized disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of any protection, privilege, or immunity. Please also note the Kansas Open Records Act provides that public records, including correspondence to me via email, may be subject to disclosure unless otherwise protected by law.

From: MuckRock

Hello Ms. Mendoza,

Thank you so much for your help with this request. I've attached each of my emails and each response from the agency, from my initial request through my last request for clarification, to which I never received a response. Please let me know if there's anything more that I can provide that may help facilitate resolution of this complaint.

Thanks so much,
Beryl

From: MuckRock

Hello Ms. Mendoza,

Thank you so much for your help thus far. I wanted to confirm that you received all of the necessary raw communications appropriately. I also wondered whether there might be a tracking number I could associate with this complaint to help keep all of our records straight going forward.

Please let me know if there's anything else on our end that might aid in resolution of this problem.

Thanks so much,
Beryl

From: Mendoza, Lisa

Dear Ms. Lipton:

Thank you for your email dated January 25, 2017, at 9:02 a.m.

We received and were able to open all the documents that you emailed.

We have assigned Case No. CV-17-000045 to your case. You may reference that number on any future correspondence with this office.

This matter remains pending. We will write to you if we need any additional information regarding your complaint. Additionally, we will advise you of the results of our review when it is concluded.

Sincerely,

Lisa A. Mendoza, Assistant Attorney General
Director, Open Government Enforcement Unit
Civil Litigation Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
Ph. 785.368.8063
Fax 785.291.3767
lisa.mendoza@ag.ks.gov<mailto:lisa.mendoza@ag.ks.gov>
www.ag.ks.gov<http://www.ag.ks.gov/>

This communication, and any attachments, is private and confidential and for the exclusive use of the intended recipient. The information contained herein, as well as any attachments, is confidential and privileged under the joint prosecution or investigation privilege, attorney-client privilege, work product privilege, joint defense privilege, or any other applicable privilege or immunity. If you are not the intended recipient and have received this communication in error, please notify the sender immediately and destroy the original message and all copies. Any unauthorized disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of any protection, privilege, or immunity. Please also note the Kansas Open Records Act provides that public records, including correspondence to me via email, may be subject to disclosure unless otherwise protected by law.

From: MuckRock

Hello Ms. Mendoza,

Do you happen to have an update on this request?

Thanks so much for your help,
Beryl

From: Mendoza, Lisa

Dear Ms. Lipton:

Thank you for your recent email dated May 30, 2017, concerning the status of your complaint.

This matter remains pending. At this time, we do not need any additional information.

We will advise you of the results of our investigation when it is complete.

Sincerely,

Lisa A. Mendoza, Assistant Attorney General
Director, Open Government Enforcement Unit
Civil Litigation Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
Ph. 785.368.8063
Fax 785.291.3767
lisa.mendoza@ag.ks.gov<mailto:lisa.mendoza@ag.ks.gov>
www.ag.ks.gov<http://www.ag.ks.gov/>

This communication, and any attachments, is private and confidential and for the exclusive use of the intended recipient. The information contained herein, as well as any attachments, is confidential and privileged under the joint prosecution or investigation privilege, attorney-client privilege, work product privilege, joint defense privilege, or any other applicable privilege or immunity. If you are not the intended recipient and have received this communication in error, please notify the sender immediately and destroy the original message and all copies. Any unauthorized disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of any protection, privilege, or immunity. Please also note the Kansas Open Records Act provides that public records, including correspondence to me via email, may be subject to disclosure unless otherwise protected by law.

From: Mendoza, Lisa

Dear Ms. Lipton:

Thank you for your recent email dated August 31, 2017, concerning the status of your complaint.

This matter remains pending. At this time, we do not need any additional information.

We will advise you of the results of our investigation when it is complete.

We note that you continue to address your emails to the Olathe Police Department, as well as reference this matter as a "Kansas Open Records Act Request." Again, so there is no confusion, the Olathe Police Department is a separate agency, and does not fall under the aegis of the Kansas Attorney General. Additionally, you filed a complaint with this office, not a request for records.

Thank you for contacting the Attorney General's Office.

Sincerely,

Lisa A. Mendoza, Assistant Attorney General
Director, Open Government Enforcement Unit
Civil Litigation Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
Ph. 785.368.8063
Fax 785.291.3767
lisa.mendoza@ag.ks.gov<mailto:lisa.mendoza@ag.ks.gov>
www.ag.ks.gov<http://www.ag.ks.gov/>

This communication, and any attachments, is private and confidential and for the exclusive use of the intended recipient. The information contained herein, as well as any attachments, is confidential and privileged under the joint prosecution or investigation privilege, attorney-client privilege, work product privilege, joint defense privilege, or any other applicable privilege or immunity. If you are not the intended recipient and have received this communication in error, please notify the sender immediately and destroy the original message and all copies. Any unauthorized disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of any protection, privilege, or immunity. Please also note the Kansas Open Records Act provides that public records, including correspondence to me via email, may be subject to disclosure unless otherwise protected by law.

From:

Ms. Lipton,

Attached, please find OPD's response to your Open Records Request. Please feel free to contact me if you are unable to open the attachment.

Sincerely,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Olathe Police Department

Dear Ms. Lipton:

Please see attached letter. A hard copy of this letter will not follow.

Sincerely,

Lisa A. Mendoza, Assistant Attorney General
Director, Open Government Enforcement Unit
Civil Litigation Division
Office of Attorney General Derek Schmidt
120 SW Tenth Avenue, 2nd Floor
Topeka, KS 66612-1597
Ph. 785.368.8063
Fax 785.291.3767
lisa.mendoza@ag.ks.gov<mailto:lisa.mendoza@ag.ks.gov>
www.ag.ks.gov<http://www.ag.ks.gov/>

This communication, and any attachments, is private and confidential and for the exclusive use of the intended recipient. The information contained herein, as well as any attachments, is confidential and privileged under the joint prosecution or investigation privilege, attorney-client privilege, work product privilege, joint defense privilege, or any other applicable privilege or immunity. If you are not the intended recipient and have received this communication in error, please notify the sender immediately and destroy the original message and all copies. Any unauthorized disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of any protection, privilege, or immunity. Please also note the Kansas Open Records Act provides that public records, including correspondence to me via email, may be subject to disclosure unless otherwise protected by law.

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