St. Louis PD Social Media Surveillance

Aaron Cantú filed this request with the St. Louis County Police Department of St. Louis County, MO.
Est. Completion March 1, 2016
Status
Payment Required

Communications

From: Aaron Cantú

To Whom It May Concern:

Pursuant to the Missouri Sunshine Law and the Missouri Public Records Law, I hereby request a copy of all records or portions thereof pertaining to, or containing the following:

1. All records regarding the purchase of, acquisition of, installation of, subscription to, payment for, or agreements concerning software designed to access information from social media services;

2. All records that contain any information about the functioning of software designed to access information from social media services that is used or has been used by the St. Louis Police Department;

3. All records regarding correspondence about or with a company that offers software designed to access information from social media services, including but not limited to all correspondence about or with the companies Brightplaent, Geofeedia, Intrado Inc, LifeRaft, Magnet Forensics, Media Sonar, Signal Corporation, and ZeroFOX;

4. All records regarding the policies that govern access to or use of software designed to access information from social media services;

5. All training materials and all records used to instruct members of your agency in the proper use of software designed to access information from social media services or of the information such software is capable of accessing;

6. All records regarding the sharing with entities outside the St. Louis Police Department of information obtained from or obtained by using software designed to access information from social media services;

7. All records referencing social media profiles, comments, posts, messages, or events accessed or retained from social media services through use of software designed o access information from social media services.

The requested documents will be made available to the general public through the public information service MuckRock.com, 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,

Aaron Cantú

From: Burk, Jeff

Due to the massive amount of records requests, and the department’s many other responsibilities, requests for records may take up to approximately 10 business days to process. Please do not call or email to check the status of your request until 14 business days after your request was submitted.

LIEUTENANT JEFF BURK, Commander
Central Police Records
St. Louis County Police Department
7900 Forsyth Blvd., Clayton, MO 63105
PH (314) 615-0381

From: Burk, Jeff

In order to search for documents responsive to your request, an email search would need to be conducted for the key words you described. In order to perform this search, two hours of programmer costs at $74.00 per hour, and one-half hour of the IT Operation Manager’s time at $54.13 per hour and two hours of my time to review the results at $40.31 per hour totals $228.62 for the email search. It should be noted the search will return all emails within the County Government system responsive to your request and each must be reviewed.

There may be research fees incurred checking for additional documents.

Some documents or portions thereof, may be redacted due to Section 610.100.3 R.S.Mo. and Section 610.021 (21) R.S.Mo.

Please send this email and $228.62 (check or money order) made payable to St. Louis County to begin the research. If the actual costs are more, you will be required to pay the difference prior to receiving the documents. If the actual costs are less, you will be sent a refund.

Please use the address under my signature line for the mailing.

Due to the massive amount of records requests, and the department’s many other responsibilities, requests for records may take up to approximately 10 business days to process. Please do not call or email to check the status of your request until 14 business days after your request was submitted.

LIEUTENANT JEFF BURK, Commander
Bureau of Central Police Records
St. Louis County Police Department
7900 Forsyth Blvd., Clayton, MO 63105
PH (314) 615-0381

From: Aaron Cantú

Hello,

According to Missouri Sunshine Law, "fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices...shall not exceed the average hourly rate of pay for staff of the public
governmental body required for making copies and programming."

$74.00, $54.13, and $40.31 seem well above the average hourly rate of pay for public workers in any state, and therefore I believe the charges should be far lower -- but more importantly, there is a strong legal case for the fees you have requested to be waived in their entirety. The law also states that "[d]ocuments may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester."

As stated in my original request, I do not have any commercial motives for requesting these documents -- I am asking for them in the interest of public disclosure. Once again, I ask that the documents be provided to me free of charge.

Thank you,
Aaron Cantú

From: Burk, Jeff

The fees will not be waived and the fees are actual costs associated with processing your request.

Due to the massive amount of records requests, and the department’s many other responsibilities, requests for records may take up to approximately 10 business days to process. Please do not call or email to check the status of your request until 14 business days after your request was submitted.

LIEUTENANT JEFF BURK, Commander
Bureau of Central Police Records
St. Louis County Police Department
7900 Forsyth Blvd., Clayton, MO 63105
PH (314) 615-0381

From: Aaron Cantú

Hello,

Can you please tell me:

1. Why the fees will not be waived, considering this request has expressly been made in the public interest, and;

2. What the "actual costs associated with processing" my request are, so I can confirm that they are unrelated to the labor associated with processing the request, and so I can confirm whether or not the fees are lawful.

Thank you,
Aaron Cantú

From: Burk, Jeff

On Feb. 9, 2016:
In order to search for documents responsive to your request, an email search would need to be conducted for the key words you described. In order to perform this search, two hours of programmer costs at $74.00 per hour, and one-half hour of the IT Operation Manager’s time at $54.13 per hour and two hours of my time to review the results at $40.31 per hour totals $228.62 for the email search. It should be noted the search will return all emails within the County Government system responsive to your request and each must be reviewed.

There may be research fees incurred checking for additional documents.

Some documents or portions thereof, may be redacted due to Section 610.100.3 R.S.Mo. and Section 610.021 (21) R.S.Mo.

Please send this email and $228.62 (check or money order) made payable to St. Louis County to begin the research. If the actual costs are more, you will be required to pay the difference prior to receiving the documents. If the actual costs are less, you will be sent a refund.

Please use the address under my signature line for the mailing.

Due to the massive amount of records requests, and the department’s many other responsibilities, requests for records may take up to approximately 10 business days to process. Please do not call or email to check the status of your request until 14 business days after your request was submitted.

LIEUTENANT JEFF BURK, Commander
Bureau of Central Police Records
St. Louis County Police Department
7900 Forsyth Blvd., Clayton, MO 63105
PH (314) 615-0381

From: Aaron Cantú

On Feb. 10, 2016:
According to Missouri Sunshine Law, "fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices...shall not exceed the average hourly rate of pay for staff of the public
governmental body required for making copies and programming."

$74.00, $54.13, and $40.31 seem well above the average hourly rate of pay for public workers in any state, and therefore I believe the charges should be far lower -- but more importantly, there is a strong legal case for the fees you have requested to be waived in their entirety. The law also states that "[d]ocuments may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester."

As stated in my original request, I do not have any commercial motives for requesting these documents -- I am asking for them in the interest of public disclosure. Once again, I ask that the documents be provided to me free of charge.

Thank you,
Aaron Cantú

From: Aaron Cantú

On Feb. 11, 2016:

Can you please tell me:

1. Why the fees will not be waived, considering this request has expressly been made in the public interest, and;

2. What the "actual costs associated with processing" my request are, so I can confirm that they are unrelated to the labor associated with processing the request, and so I can confirm whether or not the fees are lawful.

Thank you,
Aaron Cantú

From: Burk, Jeff

The fees will not be waived.

You were provided the actual costs.

Due to the massive amount of records requests, and the department’s many other responsibilities, requests for records may take up to approximately 10 business days to process. Please do not call or email to check the status of your request until 14 business days after your request was submitted.

LIEUTENANT JEFF BURK, Commander
Bureau of Central Police Records
St. Louis County Police Department
7900 Forsyth Blvd., Clayton, MO 63105
PH (314) 615-0381

From: Aaron Cantú

Hello, I would still like you to address the following questions:

1. Why the fees will not be waived, considering this request has expressly been made in the public interest, and;

2. What the "actual costs associated with processing" my request are, so I can confirm that they are unrelated to the labor associated with processing the request, and so I can confirm whether or not the fees are lawful?

Thank you.

From: Burk, Jeff

Please see responses in bold to your questions.

Hello, I would still like you to address the following questions:

1. Why the fees will not be waived, considering this request has expressly been made in the public interest, and;

I understand your position. Waiving fees is discretionary per the statute, and they will not be waived in this instance. Please see Section 610.026, R.S.Mo.

2. What the "actual costs associated with processing" my request are, so I can confirm that they are unrelated to the labor associated with processing the request, and so I can confirm whether or not the fees are lawful?

The costs have been broken down in the estimate. The labor costs utilize employees with the lowest hourly rate possible for the task, all pursuant to Section 610.026, R.S.Mo.

Again, once payment of the estimate is received, we will begin processing your request.

Thank you.

Due to the massive amount of records requests, and the department’s many other responsibilities, requests for records may take up to approximately 10 business days to process. Please do not call or email to check the status of your request until 14 business days after your request was submitted.

LIEUTENANT JEFF BURK, Commander
Bureau of Central Police Records
St. Louis County Police Department
7900 Forsyth Blvd., Clayton, MO 63105
PH (314) 615-0381

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