Lion News: DNR Data Practices Compliance Official Barbara Damchik-Dykes 651.259.5345 Reported To MN Department Of Natural Resources Policy And Planning Section Manager Anthony Alongi After Damchik-Dykes Harasses Nemmers Over Request For Entire DNR Policy & Procedure Manual & After Damchik-Dykes Illegally Releases Confidential 13.82 Subd. 7. Criminal Investigative Data For High-Profile Case No. 39-VB-21-468 State Of Minnesota Vs Michael A Sysa; Case No. 39-VB-21-469 State Of Minnesota Vs David Alekseevich Sysa And Case No. 39-VB-21-470 State Of Minnesota Vs Yevgeniy Sergeyevich Simonovich To Media Outlets And To Nemmers?

from: Lion News lionnews00@gmail.com
to: kristi.coughlon@state.mn.us
date: Nov 14, 2021, 1:02 PM
subject: Citations For Michael Sysa 22 Oak Grove Minnesota David Sysa 23 Oak Grove Yevgeniy Simonovich 29 Elk River
mailed-by: gmail.com

Kristi Coughlon Phone: 218-308-2647:

1. Citations for Michael Sysa 22 Oak Grove Minnesota, David Sysa 23 Oak Grove and Yevgeniy Simonovich 29 Elk River.
2. Press releases that were sent "Courtesy of the Minnesota DNR" to the Bemidji Pioneer and/or Forum News Service for Citations for Michael Sysa 22 Oak Grove Minnesota, David Sysa 23 Oak Grove and Yevgeniy Simonovich 29 Elk River.
Terry Dean, Nemmers 320-283-5713

https://www.dnr.state.mn.us/newsroom/media-contacts.html DNR news media contacts Media Inquiries Northwest Region – Bemidji Kristi Coughlon Phone: 218-308-2647 Email: kristi.coughlon@state.mn.us (link sends email)

\BAUDETTE, Minn. — Three anglers have been charged for keeping too many walleyes and saugers on Lake of the Woods after conservation officers found them with 48 fish over their limit Sunday. Charged with possessing over their limit of walleyes and saugers were Michael Sysa, 22, Oak Grove, Minnesota; David Sysa, 23, Oak Grove; and Yevgeniy Simonovich, 29, Elk River, Minnesota.

https://www.twincities.com/2021/11/12/mn-anglers-had-48-over-limit-in-lake-of-the-woods-fish-bust/ MN anglers had 48 over limit in Lake of the Woods fish bust Seventy-two walleyes and saugers confiscated Nov. 7, 2021, were donated to the Warroad Senior Living Center in Warroad, Minnesota. (Courtesy of the Minnesota DNR) By Brad Dokken | bdokken@gfherald.com | Forum News Service PUBLISHED: November 12, 2021 at 12:39 p.m. | UPDATED: November 14, 2021 at 9:03 a.m.

https://www.bemidjipioneer.com/northland-outdoors/7278486-DNR-officers-seize-72-fish-in-Lake-of-the-Woods-walleye-and-sauger-bust DNR officers seize 72 fish in Lake of the Woods walleye and sauger bust – In addition to the 26 fish in the livewell, there were six walleyes and 10 saugers in the cooler with fish caught that day, and 17 walleyes and 13 saugers in the second cooler with fish the group had kept the previous day – 72 fish total. Written By: Brad Dokken | 2:30 pm, Nov. 11, 2021 The 72 walleyes and saugers were confiscated Sunday, Nov. 7, 2021, and donated to the Warroad Senior Living Center in Warroad, Minnesota, for residents' consumption. Contributed / Minnesota DNR Three anglers have been charged for keeping too many walleyes and saugers on Lake of the Woods after conservation officers found them with 48 fish over their limit Sunday, Nov. 7. Charged with possessing over their limit of walleyes and saugers were Michael Sysa, 22, Oak Grove, Minnesota; David Sysa, 23, Oak Grove; and Yevgeniy Simonovich, 29, Elk River, Minnesota.

from: MN_Data Request (DNR) datarequest.dnr@state.mn.us
to: "lionnews00@gmail.com" lionnews00@gmail.com
date: Nov 15, 2021, 11:41 AM
subject: data practices request
mailed-by: state.mn.us
signed-by: state.mn.us
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Dear Mr. Nemmers,

Attached is the incident report you requested from the Minnesota Department of Natural Resources. The name of a juvenile has been redacted pursuant to Minnesota Statutes 84.0873.

Please note that there is no press release associated with this data. This completes your data practices request in full.

Kind Regards,

Barbara

Barbara Damchik-Dykes
Data Practices Compliance Official | OSD
Minnesota Department of Natural Resources
500 Lafayette Road
Saint Paul, MN 55155
Phone: 651.259.5345
Fax: 651.296.0902
mndnr.gov

Attachment: 21026876-R_Redacted.pdf

from: Lion News lionnews00@gmail.com
to: "MN_Data Request (DNR)" datarequest.dnr@state.mn.us
date: Nov 18, 2021, 6:55 AM
subject: Re: data practices request
mailed-by: gmail.com

Barbara Damchik-Dykes, Data Practices Compliance Official 651.259.5345:

Thanks for the incident reports. Where are the citations that I requested?

"Citations for Michael Sysa 22 Oak Grove Minnesota, David Sysa 23 Oak Grove and Yevgeniy Simonovich 29 Elk River."

Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Current Minnesota Department of Natural Resources policy and procedure manual.
2. Redacted warning issued to the juvenile in ICR# 21026876.

Terry Dean, Nemmers 320-283-5713

CO Huener and I discussed with the group that [Redacted] as a juvenile, would not be charged for possessing an over limit of walleye/sauger. We told Michael, David, and Yevgenity that they would each be charged for possessing over limit of walleye/sauger, and that the restitution for the 48 fish over the legal limit would be divided amongst the three of them- 16 fish each. The three agreed to this. Michael, David and Yevgenity were each charged/cited for possessing over limit of walleye/sauger, as well as restitution for 16 walleye per person. All walleye/sauger (72 total) were seized, as well as both coolers. A seizure receipt was issued. A warning was documented for [Redacted] for possessing over limit of walleye/sauger. End of Report. C. Sura 648. Department of Natural Resources Incident Report ICR# 21026876. Reported: 11-08-2021 0958. Officer Assigned: Sura, Cory Badge No. 648 Primary: Yes. Officer Assigned: Huener, Ben Badge No: 538 Primary: No.

from: MN_Data Request (DNR) datarequest.dnr@state.mn.us
to: Lion News lionnews00@gmail.com
date: Nov 19, 2021, 10:08 AM
subject: RE: data practices request
mailed-by: state.mn.us
signed-by: state.mn.us
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Good morning. We will work on getting the data you have requested, including citations and warning.

You have requested a current copy of the DNR policy and procedure manual. Are you looking for a particular policy or procedure? We don’t have a singular policy or procedure manual.

Barbara

Barbara Damchik-Dykes
Data Practices Compliance Official | OSD
Minnesota Department of Natural Resources
500 Lafayette Road
Saint Paul, MN 55155
Phone: 651.259.5345
Fax: 651.296.0902
mndnr.gov

from: Lion News lionnews00@gmail.com
to: "MN_Data Request (DNR)" datarequest.dnr@state.mn.us
date: Nov 19, 2021, 10:28 AM
subject: Re: data practices request
mailed-by: gmail.com

Barbara Damchik-Dykes, Data Practices Compliance Official 651.259.5345:

I asked for the complete policy and procedure manual so I can compare it to the complete policy and procedure manual that I currently have in my possession.

Terry Dean, Nemmers 20-283-5713

VII. STORAGE OF PHOTOGRAPHS AND RECORDINGS A. Media containing recordings and photos shall be marked for identification, guarded against degradation and overwriting, and stored in a secure location. B. Officers taking digital images for evidentiary purposes shall download the images onto the officer’s computer and shall immediately copy the images to a write once CD-ROM. This CD-ROM shall be known and labeled as the “archive copy”. 1. Officers shall not release archive copies (or original video or audio tape recordings) from their custody. Officers shall honor legitimate requests for access to evidentiary media by making and providing a copy of the media to the prosecuting attorney or the division’s data practices responsible authorities. 2. The existence of evidentiary photos or recordings shall be disclosed in any citation notes or reports prepared about the incident. O-11-06, PROPERTY AND EVIDENCE STANDARDS Page 4 MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF ENFORCEMENT DIRECTIVE

from: MN_Data Request (DNR) datarequest.dnr@state.mn.us
to: Lion News lionnews00@gmail.com
date: Nov 22, 2021, 9:49 AM
subject: RE: data practices request
mailed-by: state.mn.us
signed-by: state.mn.us
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Dear Mr. Nemmers,

Attached are the citations you requested. Some data has been redacted pursuant to Minnesota Statutes 13.82. Data for the verbal warning involving a minor has been redacted pursuant to Minnesota Statutes 84.0873.

Again, can you be more specific regarding the policy and procedure that you are requesting? Are you seeking policy related to DNR Enforcement citations? If you are more specific, it would be helpful for me to provide the policy that you are seeking.

Thank you,

Barbara

Attachments: Citation-Number-89062021009812_Redacted.pdf, Citation-Number-89062021009813_Redacted.pdf, Citation-Number-Notes-89062021009814_Redacted.pdf, Citation-Number-Notes-89062021009815-Verbal_Redacted.pdf

from: Lion News lionnews00@gmail.com
to: "MN_Data Request (DNR)" datarequest.dnr@state.mn.us
date: Nov 22, 2021, 10:32 AM
subject: Re: data practices request
mailed-by: gmail.com

Barbara Damchik-Dykes, Data Practices Compliance Official 651.259.5345:

Please provide me with the name and contact information of the individual in your chain of command who has direct supervisory powers over you. I want to discuss with them why you can't fall back onto your expensive and time-consuming work-related continuing education to provide me with the entire/complete current Minnesota Department of Natural Resources Directives aka policy and procedure manual.

Terry Dean, Nemmers 320-283-5713

VIII. PRINCIPLE FIVE Conservation Officers shall treat all members of the public courteously and with respect.3. No Conservation Officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame a person, or do anything reasonably calculated to incite a person to violence. A-4-99, CONDUCT UNBECOMING A CONSERVATION OFFICER Page 5. MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF ENFORCEMENT DIRECTIVE DIRECTIVE NUMBER: A-4-99 SUBJECT: CONDUCT UNBECOMING A CONSERVATION OFFICER EFFECTIVE DATE: March 30, 1999 SPECIAL INSTRUCTIONS: Rescinds Directive 61-96 REFERENCE: Minnesota Statute Sec 626.8457, 43A.38, 43A.39; Directive A-3-98; C.L.E.A. 26.1; State Electronic Mail and Internet Policy; POST Model Conduct Policy DISTRIBUTION: All Division Employees NUMBER OF PAGES: 31

from: MN_Data Request (DNR) datarequest.dnr@state.mn.us
to: Lion News lionnews00@gmail.com
cc: "Alongi, Anthony (DNR)" anthony.alongi@state.mn.us
date: Nov 22, 2021, 10:42 AM
subject: RE: data practices request
mailed-by: state.mn.us
signed-by: state.mn.us
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Dear Mr. Nemmers,

I am forwarding this email chain to my supervisor, Anthony Alongi, who is copied on this email. Please feel free to contact him directly about your concerns with my customer service.

Kind Regards,

Barbara

from: Alongi, Anthony (DNR) anthony.alongi@state.mn.us
to: Lion News lionnews00@gmail.com
date: Nov 22, 2021, 11:01 AM
subject: RE: data practices request
mailed-by: state.mn.us
signed-by: state.mn.us
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Mr. Nemmers,

I’ve reviewed the communication chain below. When you have a moment, please reply with any additional information or concerns you may have regarding the services you’ve received, so that I can review as complete a picture of what is happening as possible. Thank you,

Anthony Alongi
Section Manager, Policy and Planning
MN Department of Natural Resources

from: Lion News lionnews00@gmail.com
to: "Alongi, Anthony (DNR)" anthony.alongi@state.mn.us
date: Nov 22, 2021, 11:20 AM
subject: Re: data practices request
mailed-by: gmail.com

Anthony Alongi, Section Manager, Policy and Planning MN Department of Natural Resources:

I actually have a couple of concerns. First of all, why am I being repeatedly harassed over my request for your entire/complete current Minnesota Department of Natural Resources Directives aka policy and procedure manual? Second, why is your Minnesota Department of Natural ResourcesBarbara Damchik-Dykes Data Practices Compliance Official Barbara Damchik-Dykes illegally releasing confidential 13.82 Subd. 7. Criminal investigative data to media outlets for Citation No. 89062021009812 Case No. 39-VB-21-468 State of Minnesota vs Michael A Sysa; Citation No. 89062021009813 Case No. 39-VB-21-469 State of Minnesota vs David Alekseevich Sysa and Citation No. 89062021009814 Case No. 39-VB-21-470 State of Minnesota vs Yevgeniy Sergeyevich Simonovich? Finally, will I be able to get a copy of your Notice to individuals 13.055 Subd. 2. Notice to individuals that are sent to Michael A Sysa, David Alekseevich Sysa and Yevgeniy Sergeyevich Simonovich?

Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Names and contact information for DNR personnel who investigate DNR Data Breaches.
2. DNR policy and procedure for Internal Affairs/Administrative investigations.
3. Direct phone number for Anthony Alongi, Section Manager, Policy and Planning MN Department of Natural Resources.

Terry Dean, Nemmers 320-283-5713

Mr. Karpan: I do have one request. Um, I've not asked for this before, I'm not sure how to handle it, but the Department of Natural Resources as they've done in the past has seen fit to do a press release, and officer Osborne has answered questions for the newspaper. My client – all the facts of the case are in the Echo Press, on the radio and in sporting magazines. Not only are there quotes in there that aren't - - I mean I know the State has a right to release incident data I think it's called.
Under Chapter 13.82, investigative data is not to be released. Well, there are pictures allegedly of my client's fish all over the Echo Press. Everybody in town is talking about it. I don't know if I'll have to make a change of venue motion eventually. I'll have to see how this plays out in a few months.
But under 13.82, there's no way the DNR is supposed to be releasing pictures of evidence to the newspaper. It prejudices my client. It prejudices all of us. It makes it impossible to get a fair trail. So I'm asking the Court to order the Department of Natural Resources to not discuss this case any further until it's done.
The Court: Mr. Hochsprung?
Mr. Hochsprung: Your Honor, I did not authorize the Department of Natural Resources to disclose anything to the paper. Um, I can talk with Mr. Osborne or whoever about that, but I don't have any information about that. State of Minnesota vs. Ronald Wayne Johnson Rule 5/ Rule 8 Hearing. Court File No. 21-CR- 13-51. February 11, 2013.

https://www.revisor.mn.gov/statutes/cite/13.82 13.82 COMPREHENSIVE LAW ENFORCEMENT DATA. Subd. 7. Criminal investigative data. Except for the data defined in subdivisions 2, 3, and 6, investigative data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has primary investigative responsibility are confidential or protected nonpublic while the investigation is active. Inactive investigative data are public unless the release of the data would jeopardize another ongoing investigation or would reveal the identity of individuals protected under subdivision 17. Images and recordings, including photographs, video, and audio records, which are part of inactive investigative files and which are clearly offensive to common sensibilities are classified as private or nonpublic data, provided that the existence of the images and recordings shall be disclosed to any person requesting access to the inactive investigative file. An investigation becomes inactive upon the occurrence of any of the following events:

https://www.revisor.mn.gov/statutes/cite/13.43 13.43 PERSONNEL DATA. Subdivision 1.Definition. As used in this section, "personnel data" means government data on individuals maintained because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with a government entity. § Subd. 2.Public data. (a) Except for employees described in subdivision 5 and subject to the limitations described in subdivision 5a, the following personnel data on current and former employees, volunteers, and independent contractors of a government entity is public: (1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; (2) job title and bargaining unit; job description; education and training background; and previous work experience; (3) date of first and last employment; (4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; (5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; (6) the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money; (7) work location; a work telephone number; badge number; work-related continuing education; and honors and awards received; and (8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data.

https://www.revisor.mn.gov/statutes/cite/13.055 13.055 DISCLOSURE OF BREACH IN SECURITY; NOTIFICATION AND INVESTIGATION REPORT REQUIRED. Subd. 2. Notice to individuals; investigation report. (a) A government entity that collects, creates, receives, maintains, or disseminates private or confidential data on individuals must disclose any breach of the security of the data following discovery or notification of the breach. Written notification must be made to any individual who is the subject of the data and whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized person and must inform the individual that a report will be prepared under paragraph (b), how the individual may obtain access to the report, and that the individual may request delivery of the report by mail or e-mail. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any measures necessary to determine the scope of the breach and restore the reasonable security of the data. (b) Notwithstanding section 13.15 or 13.37, upon completion of an investigation into any breach in the security of data and final disposition of any disciplinary action for purposes of section 13.43, including exhaustion of all rights of appeal under any applicable collective bargaining agreement, the responsible authority shall prepare a report on the facts and results of the investigation. If the breach involves unauthorized access to or acquisition of data by an employee, contractor, or agent of the government entity, the report must at a minimum include: (1) a description of the type of data that were accessed or acquired; (2) the number of individuals whose data was improperly accessed or acquired; (3) if there has been final disposition of disciplinary action for purposes of section 13.43, the name of each employee determined to be responsible for the unauthorized access or acquisition, unless the employee was performing duties under chapter 5B; and (4) the final disposition of any disciplinary action taken against each employee in response.

from: Alongi, Anthony (DNR) anthony.alongi@state.mn.us
to: Lion News lionnews00@gmail.com
date: Nov 22, 2021, 12:08 PM
subject: RE: data practices request
mailed-by: state.mn.us
signed-by: state.mn.us
security: Standard encryption (TLS) Learn more
: Important mainly because you often read messages with this label.

Good morning,

Since your inquiry appears to relate to recent, current, and/or potential litigation, our team will engage the appropriate internal personnel and get back to you on a reasonable timeline. Meanwhile, with the understanding that I will not discuss such litigation over the phone, my direct phone number is 651.259.5556. I am available to discuss employee performance. That said, I believe I have the information I need regarding your assessment of the staff in question.

As noted, the other parts of your inquiry will get appropriate treatment, and either I or someone else from this agency will be in touch in the coming days to provide you with as much information as we can legally and practically provide. Thank you,

Anthony Alongi
Section Manager, Policy and Planning
MN Department of Natural Resources

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