Fusion Center Monitoring of Elk River Chemical Disaster

Dustin Slaughter filed this request with the West Virginia Joint Intelligence Center of the United States of America.
Est. Completion None
Status
Withdrawn

Communications

From: Dustin Slaughter

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All emails, memoranda, threat/disaster assessments, and otherwise pertinent documentation issued from and received by the West Virginia Joint Intelligence Fusion Center regarding the Charleston, West Virginia chemical spill which occurred on the Elk River on 9 January, 2014.

The time frame for this request encompasses 9 January 2014 up to and including the date that this request is officially processed.

The following keywords should be used in order to assist researchers in their search:

"Governor Earl Ray Tomblin", "Freedom Industries", "Dennis P. Farrell", "Etowah River Terminal", "4-methylcyclohexane methanol", "West Virginia American Water", "Jeff McIntyre", "West Virginia Department of Health and Human Resources", West Virginia Department of Education", "West Virginia Division of Homeland Security and Emergency Management", "Elk River", "Ohio River", and the following locations: "Boone", "Cabell", "Clay", "Jackson", "Kanawha", "Lincoln", "Logan", "Putnam", "Roane", and "Point Pleasant".

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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 20 business days, as the statute requires.

Sincerely,

Dustin Slaughter

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 Jan. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Dustin Slaughter

To Whom It May Concern:

Due to the West Virginia National Guard (DOD) FOIA office's non-responsiveness in complying with its statutory obligation regarding my request, please be advised that I am referring it to the Office of Government Information Services. If this matter cannot be resolved through OGIS, I will be forced to move to litigation.

Sincerely,
Dustin Slaughter

From: Walker, William J CAPT USAF (US)

Mr. Slaughter,
Is there a phone number where I could reach you this morning?
Thanks,
Bill

Captain Bill Walker
Director of Intelligence (J2)
West Virginia National Guard
BB: 304-941-8878
C: 614-886-7539
Email: william.j.walker30.mil@mail.mil
SIPR: william.j.walker@us.army.smil.mil

From: Dustin Slaughter

Dear Captain Walker,

I would prefer to communicate via email if you don't mind, so we have documentation of our conversation.

Please let me know if this is suitable.

Sincerely,
Dustin Slaughter

From: Walker, William J CAPT USAF (US)

Sure, I completely understand.
First, let me apologize for not responding sooner. I was out on leave for to take my little boy to Disney, and then out a little more for his tonsillectomy last week.
In addition, at first glance it appeared to me that you were actually looking for a different agency. I am a civilian employee of the State of WV Military Authority during the week, which falls under the WV National Guard, and in my military role I am Captain Walker during Drill weekends. I saw your references to the West Virginia Fusion Center and thought you may have intended your request to actually be for them.
Can you clarify, are you seeking records from the WV Fusion Center, or from the WV National Guard?
Thanks Dustin---
Bill

Captain Bill Walker
Director of Intelligence (J2)
West Virginia National Guard
BB: 304-941-8878
C: 614-886-7539
Email: william.j.walker30.mil@mail.mil
SIPR: william.j.walker@us.army.smil.mil

From: Dustin Slaughter

No problem, Bill. Hope you had a great trip!

I originally had filed a FOIA with the WV State Police, which I thought was in charge of fusion center ops, on January 10 2014. It was rejected with a notification that the State Police was not the correct agency to contact. I then spoke with a WVFC representative who instructed me to file it with the WV National Guard.

Which agency should I contact?

Thanks for your help.

Best,
Dustin

From: Walker, William J CAPT USAF (US)

Dustin,

Wow, you’ve been bounced around a bit it seems! Well, I guess it depends on what information you are seeking, and from whom. The WV Intelligence Fusion Center (WVIFC), the WV State Police (WVSP) and the WV National Guard are all independent State entities that fall under the WV Department of Military Affairs and Public Safety (DMAPS). While they all fall under DMAPS, unfortunately you would likely have to file requests with each agency separately, as they all operate completely separately.

It appears from your original request that you may be seeking information from the Fusion Center and their Monitoring of the Elk River spill. If you are actually seeking information from them, I can give you the Director's name:

Thomas Kirk, Director
WVIFC
thomas.l.kirk@wv.gov
304-558-4831

If you are looking for info from WV State Police, I'm not positive, but I believe you may be able to start here:

LT Michael Baylous
WVSP Public Affairs
michael.t.baylous@wvsp.gov
304-746-2198

I hope it doesn’t seem like I'm giving you the run around---I just know dealing with multiple state agencies can be confusing, especially if you are from outside the state. Please let me know if this is actually what you are looking for. If not, I'll further assist in any way I can!

Thanks Dustin!

Bill

Captain Bill Walker
Director of Intelligence (J2)
West Virginia National Guard
BB: 304-941-8878
C: 614-886-7539
Email: william.j.walker30.mil@mail.mil
SIPR: william.j.walker@us.army.smil.mil

From: Dustin Slaughter

Dear Captain Walker,

Good morning. For clarification's sake, are you saying that the WV National Guard may or may not have responsive records to my request? If I file separate requests with each agency you listed in your prior email, one of those requests would be sent to WVNG.

Thanks in advance.

Sincerely,
Dustin Slaughter

From: Walker, William J CAPT USAF (US)

Hey Dustin,

In short, the West Virginia National Guard WAS involved in the Elk River Spill event. I recommend sending a clean request that does not include the "Fusion Center" or "Joint Intelligence Center" language, but rather to the "West Virginia National Guard". This will likely facilitate your request and avoid any confusion as to the organization from which you are seeking records.

If you are requesting for information from the WVNG as a whole, I recommend sending the official request to our Judge Advocate General (JAG), LTC Kelly Ambrose. Her email address is kelly.d.ambrose.mil@mail.mil.

Again, the WV Intelligence Fusion Center and WV State Police would need to be totally separate requests.

Does that make sense/assist you in getting what you are looking for?
Thanks,

Bill

Captain Bill Walker
Director of Intelligence (J2)
West Virginia National Guard
BB: 304-941-8878
C: 614-886-7539
Email: william.j.walker30.mil@mail.mil
SIPR: william.j.walker@us.army.smil.mil

From: Dustin Slaughter

Yes, that clears this up greatly. Thanks for your help.

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 Jan. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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 Jan. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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 Jan. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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