Emergency Management Assistance Compact for Standing Rock NoDAPL Protests (Vilas County Sheriff's Office)
| Submitted | Feb. 27, 2017 |
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Communications
From: Curtis Waltman
To Whom It May Concern:
Pursuant to Wisconsin's Open Records act, I hereby request the following records:
Documents pertaining to the deployment of personnel in regards to the North Dakota Governor issuing a state of emergency in response to protests at Standing Rock over the construction of the Dakota Access Pipeline. Documents sought are as follows:
-memos or requests received from the North Dakota Governor's Office, Morton County Sheriff's Department, North Dakota Emergency Management Agency, or North Dakota Highway Patrol for help under the Emergency Management Assistance Compact.
-Any written direction as to what role VCSO officers would be undertaking as they engaged in controlling the protest.
-Requests from the aforementioned North Dakota agencies for specific equipment to be brought to the Standing Rock protest area for their use in controlling the protest. This equipment may include but is not limited to surveillance devices including cell site simulators or social media surveillance software, or crowd control methods such as long range acoustic devices, water cannons, rubber bullets, tear gas, pepper spray, MRAP's, or tasers. This list is not meant to be conclusive.
-any bills, contracts, agreements, invoices, or other financial documentation for services rendered in helping to control the Standing Rock NoDAPL protests. These documents would likely be sent to the 4 aforementioned North Dakota agencies.
As a member of the news media working for MuckRock News I request that a fee waiver for my request be granted. My work has also been published by national outlets. My work for Motherboard can be viewed at the following link: http://motherboard.vice.com/author/cwaltman
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 would request your response within ten (10) business days.
Sincerely,
Curtis Waltman
From: Joe Fath
Mr. Curtis Waltman,
I am in receipt of your request for information pertaining to the deployment of personnel to the North Dakota state of emergency in response to protests as Standing Rock dated February 27, 2017.
Please be advised that your request is being denied for the following reason: the request contains no reasonable limitation as to subject matter or length of
time represented by the record. Wis. Stats. §19.35(1)(h). A request for a record without a reasonable limitation as to subject matter or length of time by the
record does not constitute a sufficient request. Id. If you would like to define your request, we will reevaluate the same.
If you disagree with the County's decision in this matter, you may seek a Writ of Mandamus pursuant to Wis. Stat. §19.37 or upon application to the attorney general or district attorney.
Once we receive additional information on your request I can proceed. We will be billing .25 cents @ page for records mailed however if I can generate the records electronically, I will e-mail them with no charge.
Joseph A. Fath, Sheriff
Vilas County Sheriff's Office
330 Court Street
Eagle River, WI 54521-8362
(p) 715.479.0602 or 715.479.4441
FBINA 220th session
jofath@co.vilas.wi.us<mailto:jofath@co.vilas.wi.us>
"Your Children will become who you are; so be who you want them to be" anonymous
The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
From: Curtis Waltman
Hello Sheriff Fath,
The date range would be October 6th 2016 to the date this request is processed. As for subject matter, I have sent this same request to tens of law enforcement agencies that also responded to North Dakota's EMAC, and no body has tried telling me it is unduly burdensome as you have done. If you would like to clarify for me how I can pair this down I would be happy to listen, but I genuinely do not feel that my request was overly burdensome. I am asking for several specific types of records: compilations of equipment, memos, official government requests, and contractual documentation. I sincerely hope you will do as tens of other both big and small agencies have done and furnish me with the documents requested. Thank you.
-Curtis Waltman
Reporter-MuckRock News
From: Joe Fath
Mr. Waltman,
I need to know what time reference you are referring to for the Vilas County Sheriff’s Office. I never said this was unduly burdensome. A request for a record without a reasonable limitation as to subject matter or length of time by the record does not constitute a sufficient request.
Once we receive additional information on your request I can proceed. We will be billing .25 cents @ page for records mailed however if I can generate the records electronically, I will e-mail them with no charge.
Joseph A. Fath, Sheriff
Vilas County Sheriff's Office
330 Court Street
Eagle River, WI 54521-8362
(p) 715.479.0602 or 715.479.4441
FBINA 220th session
jofath@co.vilas.wi.us<mailto:jofath@co.vilas.wi.us<mailto:jofath@co.vilas.wi.us%3cmailto:jofath@co.vilas.wi.us>
From: Curtis Waltman
Ah, thank you for that clarification, very much appreciated. If I could have a date range of October 5th 2016 to February 24th 2017 that would be perfect. Thank you for your work on my request! Have a great day.
Sincerely,
Curtis Waltman
MuckRock News
From: Joe Fath
Mr. Waltman, I have referred your request to Wisconsin Emergency Management and I am waiting for their response.
In preparing the document I noticed that the EMAC agreement shows that all information associated with WI-EMAC deployments is the property of the State of Wisconsin and falls under the control of WEM.
As soon as I here from the State of Wisconsin WEM I will advise more.
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“No amount of law enforcement can solve a problem that goes back to the family.“
– J. Edgar Hoover
The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
From: Joe Fath
Mr. Curtis Waltman,
Re: Public Record dated February 27, 2017;
Documents pertaining to the deployment of personnel in regards to the North Dakota Governor issuing a state of emergency in response to protests at Standing Rock over the construction of the Dakota Access Pipeline. Documents sought are as follows:
· Memos or requests received from the North Dakota Governor's Office, Morton County Sheriff's Department, North Dakota Emergency Management Agency or North Dakota Highway Patrol for help under the Emergency Management Assistance Compact.
· Request for any written direction as to what role VCSO officers would be undertaking as they engaged in controlling the protest.
· Requests for specific equipment to be brought to the Standing Rock protest area for their use in controlling the protest.
· - any bills, contracts, agreements, invoices or other financial documents for services rendered in helping to control the Standing Rock NoDAPL protests.
I am attaching the responsive records to your request.
If you disagree with the County's decision in this matter, you may seek a Writ of Mandamus pursuant to Wis. Stat. §19.37 or upon application to the attorney general or district attorney.
Joseph A. Fath, Sheriff
Vilas County Sheriff's Office
330 Court Street
Eagle River, WI 54521-8362
(p) 715.479.0602 or 715.479.4441
FBINA 220th session
jofath@co.vilas.wi.us<mailto:jofath@co.vilas.wi.us>
"Your Children will become who you are; so be who you want them to be" anonymous
The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
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