Persistent Surveillance Systems Invoices (Irvine Police Department)

Brandon Smith filed this request with the Irvine Police Department of Irvine, CA.
Submitted Aug. 1, 2016
Status
Completed

From: Brandon Smith

Subject: California Public Records Act Request: Persistent Surveillance Systems Invoices (Irvine Police Department)

Email

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

All records responsive to the below requests dated from January 1, 2014 through July 28, 2016.
- The full documentation of all contracts or non-disclosure agreements (enacted OR IN EFFECT between the above dates) with the companies "Persistent Surveillance Systems" or "Vigilant Solutions"
- Copies of all invoices to or from these companies, and documents sufficient to show any and all disbursement of public funds to either company
- The full documentation of all contracts (enacted OR IN EFFECT between the above dates) with any company other than the two cited above, in which said company provides your department with equipment or services (including software) for 1. license plate scanning or reading or automatic photographing; 2. aerial surveillance, excluding monitoring roadways for speed infractions.
- Copies of all invoices to or from any company that fits the description in the prior paragraph, and documents sufficient to show any disbursement of public funds to any company that fits this description
- All emails between police department email accounts and users on the domains "pss-1.com" or "vigilantsolutions.com". (One example would be brian.schockley@vigilantsolutions.com. Users on the domain would be in the form of XXXXXXXXX@vigilantsolutions.com)
- All paper-based communications between your department and Persistent Surveillance Systems, and between your department and Vigilant Solutions. In asking for all paper and electronic correspondence, this request necessarily includes marketing materials and descriptions of product capabilities for any device, software, or access/capability this department has purchased. A circuit court judge in Illinois recently ruled that non-disclosure agreements signed by public bodies do not trump freedom of information laws when it comes to surveillance equipment/capability purchased by police. Citation:
http://arstechnica.com/tech-policy/2016/01/chicago-police-must-finally-produce-stingray-records-judge-orders/
- Documents sufficient to show all rules or regulations governing the use of products (hardware or software) that do 1. license plate scanning or reading or automatic photographing; 2. aerial surveillance, excluding monitoring roadways for speed infractions.
- The text of all agreements (whether formal, email, memo, or otherwise) between your department and any other public body or department that allows your department to use or access the capabilities of 1. license plate scanning or reading or automatic photographing; 2. aerial surveillance, excluding monitoring roadways for speed infractions.
- Documents sufficient to show the month and year your department first entered a program of scanning license plates or accessing a database of scanned plates, if it indeed has such a program (and end date of said program if it has ended).
- Documents sufficient to show the total number of license plates scanned in your department's jurisdiction (whether the jurisdiction in this case is precisely or roughly represented) since the department began its plate-scanning program or first purchased access to such a program
- Documents sufficient to show the month and year your department first entered a program of persistent aerial surveillance, if it indeed has such a program (and end date of said program if it has ended).
- Documents sufficient to show the number of plane-hours of aerial surveillance (excluding monitoring roadways for speed infractions) purchased by your department within the dates at the top of this request. For example, one plane flying for four hours is four plane-hours. Two planes flying for four hours is eight plane-hours.
- Documents sufficient to show any attempt made by a representative of your department to inform the public about automatic license plate readers or persistent aerial surveillance. This could include but is not limited to records of town hall meetings, quotes from police spokespeople in local media, or text from the department's website.

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,

Brandon Smith

From: Lindsay Crawford

Subject: RE: California Public Records Act Request: Persistent Surveillance Systems Invoices (Irvine Police Department)

Email

Dear Mr. Smith,

This letter is in reference to your request under the California Public Records Act (Government Code Section 6250 et seq.).

Additional time is required to search, collect, and appropriately examine the voluminous amount of separate and distinct records that are demanded in a single request. Under the California Public Records Act (Government Code Section 6253(c) et seq.), an extension of an additional 14 days is appropriate under these circumstances.

Based on the initial 10 day response period and the additional 14 day extension period, our office will contact you on or before October 5, 2017 regarding the disposition of the requested records.

Sincerely,

Lindsay Crawford
Public Safety Records Supervisor

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

All records responsive to the below requests dated from January 1, 2014 through July 28, 2016.
- The full documentation of all contracts or non-disclosure agreements (enacted OR IN EFFECT between the above dates) with the companies "Persistent Surveillance Systems" or "Vigilant Solutions"
- Copies of all invoices to or from these companies, and documents sufficient to show any and all disbursement of public funds to either company
- The full documentation of all contracts (enacted OR IN EFFECT between the above dates) with any company other than the two cited above, in which said company provides your department with equipment or services (including software) for 1. license plate scanning or reading or automatic photographing; 2. aerial surveillance, excluding monitoring roadways for speed infractions.
- Copies of all invoices to or from any company that fits the description in the prior paragraph, and documents sufficient to show any disbursement of public funds to any company that fits this description
- All emails between police department email accounts and users on the domains "pss-1.com" or "vigilantsolutions.com". (One example would be brian.schockley@vigilantsolutions.com<mailto:brian.schockley@vigilantsolutions.com>. Users on the domain would be in the form of XXXXXXXXX@vigilantsolutions.com<mailto:XXXXXXXXX@vigilantsolutions.com>)

From: Lindsay Crawford

Subject: RE: California Public Records Act Request: Persistent Surveillance Systems Invoices (Irvine Police Department)

Email

Mr. Smith,

This email is in reference to your request under the California Public Records Act (Government Code Section 6250 et seq.).

The department has determined that the City is in possession of public records responsive to your request. The responsive records will be provided to you on a rolling production basis. The City will notify you regarding the availability of disclosable public records responsive to your request within the next week.

If you have any questions, please feel free to contact me.

Sincerely,

Lindsay Crawford l Supervisor
Records and Business Services Bureau
City of Irvine l Police Department
lcrawford@ci.irvine.ca.us<mailto:lcrawford@ci.irvine.ca.us>
P. 949.724.7060 l F. 949.724.7077
Mailing: 1 Civic Center Plaza | Irvine , CA 92606

From: Irvine Police Department

Subject: RE: California Public Records Act Request: Persistent Surveillance Systems Invoices (Irvine Police Department)

Email

Mr. Smith:

After a thorough and diligent search, the City of Irvine has determined that it is in possession of non-exempt, public records responsive to your Public Records Act request. City staff is currently reviewing records potentially responsive to your request and anticipate that all non-exempt, public records will be available for your review on or around November 9, 2017. Should the City require additional time for review, a new estimated date of disclosure will be provided to you.

Please feel free to contact me if you have any questions.

Sincerely,

Lindsay Crawford l Supervisor
Records and Business Services Bureau
City of Irvine l Police Department
lcrawford@ci.irvine.ca.us<mailto:lcrawford@ci.irvine.ca.us>
P. 949.724.7060 l F. 949.724.7077
Mailing: 1 Civic Center Plaza | Irvine , CA 92606

From:

Subject: Public Records Act Request re Persistent Surveillance

Email

Mr. Smith,

This office serves in the capacity of City Attorney for the City of Irvine ("City"). This correspondence is being sent in response to your Public Records Act request pursuant to Government Code section 6250, et seq. On October 19, 2017, the City you that non-exempt public records responsive to your request would be available for your review on or around November 9, 2017, and that if additional time for review is required, a new estimate would be provided to you. The City is continuing to diligently and thoroughly review all potentially responsive records and has determined that additional time will be required to complete its review. The City intends for the production of records to be complete on or about November 22, 2017.

On October 19, 2017, the City also informed you that it has determined that it is in possession of public records responsive to your request. Some of these records are exempt from disclosure pursuant to Government Code Sections 6254 and 6255. These exemptions include records exempt pursuant to the Evidence Code, investigative materials, and records for which the public interest served by nondisclosure clearly outweighs disclosure. (Gov. Code, §§ 6254, subd. (f), (k), 6255.) Subject to and without waiving any applicable exemptions, and in an effort to provide you with records in an expeditious manner, the first batch of non-exempt public records responsive to your request is available at the following link: https://rutantucker.thruinc.net/Desktop/Distro/Open/041NFUHK2VK. Please be aware that the link will expire on Saturday, December 9, 2017. For responsive records in which only portions of the records are protected by an applicable privilege or exemption, those redacted records or portions thereof, if any, are provided as well.

Please feel free to contact Lindsay Crawford at lcrawford@ci.irvine.ca.us<mailto:lcrawford@ci.irvine.ca.us> should you have any questions. Thank you.

Thai Viet Phan<http://www.rutan.com/Thai-Phan>

Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
(714) 338-1825 (direct)

TPhan@rutan.com<mailto:TPhan@rutan.com>
www.rutan.com<http://www.rutan.com>
RUTAN

_____________________________________________________
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

From: Irvine Police Department

Subject: RE: California Public Records Act Request: Persistent Surveillance Systems Invoices (Irvine Police Department)

Email

Dear Mr. Smith,

On November 9, 2017, the City provided you with the first batch of non-exempt disclosable records responsive to your request. The November 9th letter also indicated that the City intended to make another batch of records available on or around November 22, 2017.

The City is continuing to diligently and thoroughly review records potentially responsive to your Public Records Act. However, due to the large volume of records requested and the need to confer with several departments within the City, the City has a new estimated date of production of the second batch of non-exempt, public records responsive to your request. The City intends to make such records available to you on or around December 8, 2017.

Please feel free to contact me should you have any questions or concerns.

Thank you,

Lindsay Crawford l Supervisor
Records and Business Services Bureau
City of Irvine l Police Department
lcrawford@ci.irvine.ca.us<mailto:lcrawford@ci.irvine.ca.us>
P. 949.724.7060 l F. 949.724.7077
Mailing: 1 Civic Center Plaza | Irvine , CA 92606

From:

Subject: Persistent Surveillance PRA Request Deemed Received on September 11, 2017--Second and Final Production

Email

Dear Mr. Smith:
As you may know, this office represents the City of Irvine in the capacity of City Attorney. This correspondence is being sent in response to your request pursuant to the California Public Records Act, Government Code sections 6250, et seq., deemed received on September 11, 2017.
The City sent you an notice requiring extension on September 20, 2017, and informed you that the City was in possession of responsive public records on October 5, 2017. On November 9, 2017, the City provided you with the first batch of non-exempt public records responsive to your request. On November 22, 2017, the City informed you that it intended to make the second batch of records available on or around December 8, 2017.
This office has determined that your request seeks certain records that are exempt from disclosure or require redactions, including drafts, records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of the Irvine Police Department, records related to pending investigations or the release of which will endanger the successful completion of the investigation or related investigation, records, the disclosure of which is exempted or prohibited pursuant to federal or state law, the attorney-client privileged communications, and personal information in which the public interest served by nondisclosure clearly outweighs disclosure. (Gov. Code, §§ 6254, subds. (a), (f), (k), 6255; City of Irvine Personal Information Privacy Act, approved by the voters November 4, 2008; City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008.)

Subject to and without waiving the above exemptions, the City is now providing the second and final batch of non-exempt public records responsive to your request at the following link: https://rutantucker.thruinc.net/Desktop/Distro/Open/041359TFPCO. Please be aware that the link expires on Sunday, January 7, 2018. For those records in which only certain portions are exempt from disclosure, the redacted records are provided as well. This correspondence concludes the City's response to your Public Records Act request pursuant to Government Code section 6253.

Please feel free to contact me should you have any questions or concerns.

V. Thai Phan<http://www.rutan.com/Thai-Phan>

Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
(714) 338-1825 (direct)

TPhan@rutan.com<mailto:TPhan@rutan.com>
www.rutan.com<http://www.rutan.com>
RUTAN

_____________________________________________________
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

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