Drone Documents (Virginia Beach Police Department)

Shawn Musgrave filed this request with the Virginia Beach Police Department of Virginia Beach, VA.
Submitted Oct. 15, 2013
Est. Completion None
Status
No Responsive Documents

Communications

From: Shawn Musgrave

Subject: None

None

To Whom It May Concern:

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

All documents created from January 2005 to the date this request is processed related to the agency's use of aerial drones, remotely piloted vehicles (RPVs), remotely piloted aircraft (RPAs), unmanned aerials (UAs), unmanned aerial vehicles (UAVs), and/or unmanned aerial systems (UASs)(hereinafter “drones”).

Please search specifically for the below document categories, and respond to each of the categories and items:

1) Acquisition documents:

i) requests for proposals (RFPs), proposals/quotes submitted by vendors, contracts, leases, budget requests, project/equipment budgets, cost allocations or reimbursements for the purchase of drone equipment;

ii) Grant applications and award letters for drone equipment purchases;

iii) Insurance contracts for all drone equipment;

iv) Communications (including electronic communications) between the agency head or agency quartermaster (or individual responsible for equipment purchases and maintenance) and drone vendors, manufacturers or retailers;

v) Communications (including electronic communications) between the agency head and agency quartermaster (or individual responsible for equipment purchases and maintenance) regarding acquisition, lease or use of drone equipment;

vi) Communications (including electronic communications) between the agency head and the governor, mayor and city/town manager regarding the acquisition of drones;

vii) Applications (including all components and support documentation) for Certificates of Waiver/Authorization (COA) from the Federal Aviation Administration, as well as COA grant notifications and final agreement;

viii) Contracts for services related to drones, such as data storage, data analysis, image storage, image analysis, video storage, video analysis, operation, maintenance;

2) Equipment logs:

i) Inventories/logs/lists/databases of all drones owned, leased or operated by or for the agency;

ii) Maintenance logs for all drones owned, leased or otherwise operated by or for the agency;

3) Policy documents:

i) Policies, guidelines, protocols, manuals and/or instructions on the use/operation of drones and usage of data, images and video obtained from drone flights;

ii) Communications from the agency head, quartermaster (or individual responsible for overseeing equipment purchases and maintenance) on approved uses for drones;

iii) Memorandums of understanding (MOUs), memorandums of agreement (MOAs) or any other agreements or contracts with other government agencies, private corporations, organizations or individuals to share drone equipment, data, images or video or to operate drones on behalf of the agency;

4) Training documents:

i) Curriculum used to train drone operators and observers;

ii) Training log for all drone operators and observers;

iii) Certifications of training completion for all drone operators and observers;

iv) Contracts, purchase orders, budget requests or reimbursement orders for training sessions for all drone operators and observers;

5) Usage documents:

i) Flight logs for all drone flights, including training flights;

ii) Flight logs transmitted to the Federal Aviation Administration pursuant to Certificate of Waiver/Authorization (COA) requirements;

iii) Reprimands relating to drones, including misuse of equipment and failure to properly maintain equipment.

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 5 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Daniel J. Fiore

Subject: None

None

I have attached our response to your recent inquiry.

From: Shawn Musgrave

Subject: None

None

Sergeant Fiore:

I'd like to thank you for your prompt response. I, in turn, would like to remind the Virginia Beach Police Department that the citizenship provision in the Commonwealth's public records law is not compulsory -- the SCOTUS decision did not require agencies within Virginia to automatically reject requests from individuals who happen to live outside its borders. Furthermore, as a journalist whose work is read widely across all 50 states, I find your interpretation of the law particularly concerning as a freedom of speech and freedom of the press issue.

That said, I do appreciate the notice that your department does not have any responsive records.

Best regards,
Shawn

From: Daniel J. Fiore

Subject: None

None

http://www.fiercegovernment.com/story/supreme-court-rules-virginia-freedom-information-law-state-residents-only/2013-05-02

Mr. Musgrove,

Above is the link to an article on the ruling from the US Supreme Court as it related to the Virginia Freedom of Information Act. In McBurney V. Young the U.S. Supreme Court ruled Unanimously Virginia can limit access to public records to its residents. Additionally, the Code of Virginia as annotated in 2013 does not recognize bloggers or internet journalists as members of the media. Code of Virginia 2.2-3704.A recognizes Television, Radio, newspapers and magazines with circulation in Virginia to claim journalist exemption. If you wish to obtain records in the future, please identify yourself a member of the media and the organization which you are writing for, or provide me with your address in the Commonwealth of Virginia.

From: Daniel J. Fiore

Subject: None

None

http://www.fiercegovernment.com/story/supreme-court-rules-virginia-freedom-information-law-state-residents-only/2013-05-02

Mr. Musgrove,

Above is the link to an article on the ruling from the US Supreme Court as it relates to the Virginia Freedom of Information Act. Additionally, the Code of Virginia as annotated in 2013 does not recognize bloggers or internet journalists as members of the media. Code of Virginia 2.2-3704.A recognizes Television, Radio, newspapers and magazines with circulation in Virginia to claim journalist exemption. If you wish to obtain records in the future, please identify yourself a member of the media and the organization which you are writing for, or provide me with your address in the Commonwealth of Virginia.

From: Shawn Musgrave

Subject: None

None

Sergeant Fiore:

Thank you for the link. I am well-acquainted with the SCOTUS decision, which I imagine you're aware I disagree with very strongly. I am aware of no prohibition of release of records to non-citizens. My interpretation of the citizenship requirement is that it is discretionary. I will continue to research, however, and will be sure to send any resources I find on this matter that might be relevant to your department.

Best,
Shawn

From: Shawn Musgrave

Subject: None

None

Sgt. Fiore:

Please see this advisory brief from the Virginia FOIA Council, which advises treating in-state and out-of-state requesters without distinction: http://foiacouncil.dls.virginia.gov/out%20of%20state%20requests.pdf

Best,
Shawn

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