Emergency Management Assistance Compact for Standing Rock NoDAPL Protests (Nebraska Emergency Management Agency)
| Submitted | Dec. 6, 2016 |
| Est. Completion | None |
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Communications
From: Curtis Waltman
To Whom It May Concern:
Pursuant to the Nebraska Public Records Statutes (Neb. Rev. Stat. § 84-712), I hereby request the following records:
Documents pertaining to the deployment of personnel in regards to the North Dakota Governor Jack Dalrymple 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.
-emails with the aforementioned North Dakota agencies regarding the Standing Rock protests and/or personnel sent there to help with emergency management
-memos, emails, and requests sent internally with regards to the decision to deploy officers to North Dakota to help with 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 or tasers.
-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.
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 look forward to receiving your response to this request within 4 business days, as the statute requires.
Sincerely,
Curtis Waltman
From: Curtis, Brent
Mr. Waltman:
Attached, please find our response to your public record request under the Nebraska Public Records Statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09 (2014, Cum. Supp. 2016). Due to the significant hours and operational costs involved in complying with your request (as stated in the attached letter), our estimated cost to complete this request is in excess of $50. Under § 84-712(3)(f), if the estimate to produce the records is more than $50, the custodian of the records may require the requester to furnish a deposit prior to fulfilling the request. We will require a deposit of a minimum of 50% of the estimated cost prior to the fulfillment of your request.
Please send cashier’s check or money order (payable to “Nebraska Emergency Management Agency”) to the following:
Nebraska Emergency Management Agency
Attn: Deb Kai
2433 NW 24th Street
Lincoln, NE 68524
Pursuant to Neb. Rev. Stat. § 84-712(4), you have ten business days to review the estimated costs set out above and request that we fulfill the original request, negotiate with us to narrow or simplify your request, or withdraw your request. If we do not receive a response from you within ten business days from the date of this letter, we will not proceed further to fulfill your records request.
Brent Curtis
Watch Center Supervisor
Nebraska Emergency Management Agency
www.nema.nebraska.gov
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 Dec. 6, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Curtis, Brent
Sir,
On December 9th, at 10:45 AM, I transmitted our response via email—and attachment to that email—which was near-simultaneously received and posted at your muckrock.com page here: https://www.muckrock.com/foi/nebraska-300/emergency-management-assistance-compact-for-standing-rock-nodapl-protests-nebraska-emergency-management-agency-30585/
For further reference, it was also that very email response to which you replied yesterday, December 26th.
In both the body of the email and the letter that was attached as a file to that email, it was stated that we estimate the cost to complete your request to be more than $50, and that under § 84-712(3)(f), if the estimate to produce the records is more than $50, the custodian of the records may require the requester to furnish a deposit prior to fulfilling the request. Furthermore, it was stated in both the body of the email and the letter that pursuant to Neb. Rev. Stat. § 84-712(4), you were provided ten business days from December 9th to review the estimated costs and request that we fulfill the original request, negotiate with us to narrow or simplify your request, or withdraw your request; and that if we do not receive a response from you within ten business days from the date of this letter, we would not proceed further to fulfill your records request.
As the period of time since transmittal of our response has been in excess of ten business days, we now consider this records request closed.
Brent Curtis
Admin III – Watch Center | OPERATIONS
Nebraska Emergency Management Agency
2433 N.W. 24TH St., Lincoln, NE 68524
OFFICE 402-471-7421
FAX 402-471-7433
brent.curtis@nebraska.gov<mailto:brent.curtis@nebraska.gov>
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