Fusion Center MOUs, MOAs and NDAs (San Diego Law Enforcement Coordination Center)
| Multi Request | Fusion Center MOUs, MOAs and NDAs |
| Submitted | Sept. 21, 2020 |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), Non-Disclosure Agreements (NDAs) and other coordination, cooperation, or other resource or information sharing arrangements with federal, state or local agencies, specifically including but not limited to law enforcement agencies.
You may limit the scope of this request to documents generated between January 1, 2012 and the date of the processing of this request. If the most recent agreements (whether active or inactive) predate January 1, 2012, then I request a copy of the most recently applicable document.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
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 10 calendar days, as the statute requires.
Sincerely,
Emma Best
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Sept. 21, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: San Diego Law Enforcement Coordination Center
SD-LECC is in receipt of your request dated September 22 seeking records pursuant to the California Public Records Act (California Government Code section 6250 et seq.)
Pursuant to California Government Code section 6253(c)(3), SD-LECC is extending the response date by 14 days. SD-LECC will respond to your request on or before October 16, 2020.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Sept. 21, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: San Diego Law Enforcement Coordination Center
Dear Ms. Best:
The San Diego Law Enforcement Coordination Center (SD-LECC) is in receipt of your email dated September 24, 2020.
On October 2, 2020, we notified you that the deadline for response would be extended by 14 days pursuant to California Government Code section 6253(c)(3). We now respond to your request for "Copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), Non-Disclosure Agreements (NDAs) and other coordination, cooperation, or other resource or information sharing arrangements with federal, state or local agencies, specifically including but not limited to law enforcement agencies" that were generated after 1-1-2012.
Preliminarily, it must be stated that the SD-LECC is not a "public agency" within the meaning of the California Public Records Act. It is a work location staffed with personnel from multiple local, state, and federal agencies working towards common operating goals, akin to a law enforcement "task force". While a task force may, under certain circumstances (such as when a joint powers authority is formed) be considered a "public agency" within the meaning of the California Public Records Act and the Brown Act, those circumstances do not exist with regard to the SD-LECC.
Nevertheless, with the cooperation of the member agencies that staff it, the SD-LECC has, in the spirit of public disclosure and openness, decided to comply with the request (where appropriate) as if the SD-LECC were a self-contained, distinct public agency. In doing so, we have construed (as we believe we must) your request as seeking records held and generated specifically by SD-LECC, as opposed to each and every member agency of the SD-LECC.
Attached are four agreements that are responsive to your request for which we are not asserting an exemption. There is another agreement that is between SD-LECC and the San Diego County District Attorney's Office. If you would like a copy of this agreement, please direct a separate request to that office. With respect to all other responsive records, your request is denied pursuant to Government Code section 6254(k), which encompasses all records that are prohibited from release by law, including state and federal law.
Sincerely,
San Diego Law Enforcement Coordination Center
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