EMAC Agreement and After Action Reports regarding DAPL (North Dakota) (Wisconsin State Patrol)

Melissa Hill filed this request with the Wisconsin Division of Emergency Management of Wisconsin.

It is a clone of this request.

Status
Completed

Communications

From: Melissa Hill

To Whom It May Concern:

Pursuant to Wisconsin's Open Records act, I hereby request the following records:

I would like a copy of any and all Emergency Management Assistance Compacts (EMAC) and/or similar Intergovernmental Agreements regarding the Dakota Access Pipeline (DAPL) Project in North Dakota. If available, I would also like a copy of any After Action Report(s) produced after this event.

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,

Melissa Hill

From: Milsap, Randi - DMA

Ms. Hill:
I am in receipt of your open records request, dated November 18, 2016, regarding Wisconsin law enforcement support under EMAC to North Dakota.

Please be advised that I am still in the process of collecting and reviewing the requested public records. Wisconsin public records law requires a response to a public records request "as soon as practicable and without delay". Given my calendar and competing priorities as the sole state attorney at my agency, I anticipate being able to provide a complete response to your public records requests by mid-December 2016.

Thank you for your professional courtesy in this matter.

Randi Wind Milsap
General Counsel
WI Dept. of Military Affairs
2400 Wright Street
PO Box 8111
Madison, WI 53708-8111
Phone 608-242-3072; DSN 724-3072
Secure Fax: 608-242-3082; DSN 724-3082
E-mail: randi.milsap@wisconsin.gov<mailto:randi.milsap@wisconsin.gov>

From: Milsap, Randi - DMA

Ms. Hill:
Attached in electronic format please find "all Emergency Management Assistance Compacts (EMAC) and/or similar Intergovernmental Agreements regarding the Dakota Access Pipeline (DAPL) Project in North Dakota" in the custody of Wisconsin Emergency Management (WEM). Please be advised that WEM does not have any After Action Report(s) in its custody that were produced after this event.

Certain information has been redacted from the records, either because specifically required by law or pursuant to the Wis. Stat. § 19.35(1)(a) balancing test. In addition, I have been mindful in preparing these records for release that the purpose of the Wisconsin public records law is to shed light on the workings of government and the official acts of public officers and employees. Building and Constr. Trades Council v. Waunakee Comm. Sch. Dist., 221 Wis. 2d 575, 582, 585 N.W.2d 726 (Ct. App. 1998).

Home telephone numbers and personal cell telephone numbers have been redacted pursuant to the Wis. Stat. § 19.35(1)(a) balancing test. In performing the balancing test, I determined that the public interest in disclosure of this information is outweighed by the public interest in the expectation of privacy on the part of individuals in their personal lives. Direct telephone numbers assigned to specific law enforcement officers have been redacted pursuant to the Wis. Stat. § 19.35(1)(a) balancing test because these numbers are not made public and must remain confidential. In applying the public records balancing test to these phone numbers, I concluded that the strong public interest in effective investigation and prosecution of criminal activity outweighs any public interest in disclosure of these direct telephone numbers of law enforcement officers. General use, publically available telephone numbers for the law enforcement agencies have not been redacted from the records.

The law permits WEM to impose fees for certain "actual, necessary and direct" costs associated with responding to public records requests. Wis. Stat. § 19.35(3). Pursuant to Wis. Stat. § 19.35(3)(e), in this instance, WEM is waiving its fees, and therefore, the records are being made available without any payment required.

Pursuant to Wis. Stat. § 19.35(4)(b), this determination is subject to review by mandamus under Wis. Stat. § 19.37(1) or upon application to a district attorney or the Attorney General.

Randi Wind Milsap
General Counsel
WI Dept. of Military Affairs
2400 Wright Street
PO Box 8111
Madison, WI 53708-8111
Phone 608-242-3072; DSN 724-3072
Secure Fax: 608-242-3082; DSN 724-3082
E-mail: randi.milsap@wisconsin.gov<mailto:randi.milsap@wisconsin.gov>

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