from: Lion News lionnews00@gmail.com
to: Barb.Naramore@state.mn.us,
Sarah.Strommen@state.mn.us,
jim_a@co.lotw.mn.us,
"Alongi, Anthony (DNR)" anthony.alongi@state.mn.us,
"MN_Data Request (DNR)" datarequest.dnr@state.mn.us
date: Jan 4, 2022, 10:37 AM
subject: Why Are DNR Personnel Harassing Nemmers For Exposing Illegal Release Of Confidential 13.82 Subd. 7. Criminal Investigative Data For State Of MN VS Michael Sysa 39-VB-21-468, David Sysa 39-VB-21-469 And Yevgeniy Simonovich 39-VB-21-470?
mailed-by: gmail.com
Sarah Strommen, DNR Commissioner & Barb Naramore, Deputy DNR Commissioner 651-259-5033:
Can you explain to me why oh why I am being harassed by your miscreant DNR Data Practices Compliance Official Barbara Damchik-Dykes 651.259.5345 and Policy and Planning MN Department of Natural Resources Section Manager Anthony Alongi 651.259.5556? Why are they retaliating against me for exposing a DNR data breach? When am I going to receive the current policy and procedure manual (You call them Directives, don't you?) that I requested way, way, way, way, way back in November? When is that data showing up in my email inbox? And when am I going to receive the DNR's data that indicates that you notified Michael A Sysa (Case No. 39-VB-21-468 State Of Minnesota vs Michael A Sysa) David Alekseevich Sysa (Case No. 39-VB-21-469 State Of Minnesota vs David Alekseevich Sysa) and Yevgeniy Sergeyevich Simonovich (Case No. 39-VB-21-470 State Of Minnesota vs Yevgeniy Sergeyevich Simonovich) of the DNR's illegal release of their confidential 13.82 Subd. 7. criminal investigative data to members of the media? Five (5) minutes from never?
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. Data indicating that either Jim Austad, Lake of the Woods County Attorney or his office personnel authorized the MN DNR to illegally release Michael A Sysa's (Case No. 39-VB-21-468 State Of Minnesota vs Michael A Sysa) David Alekseevich Sysa's (Case No. 39-VB-21-469 State Of Minnesota vs David Alekseevich Sysa) and Yevgeniy Sergeyevich Simonovich's (Case No. 39-VB-21-470 State Of Minnesota vs Yevgeniy Sergeyevich Simonovich) confidential 13.82 Subd. 7. criminal investigative data to members of the media.
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.
VIII. PRINCIPLE FIVE Conservation Officers shall treat all members of the public courteously and with respect. A. Rationale Conservation Officers are one of the most visible forms of state government. Therefore, Conservation Officers must make a positive impression when interacting with the public and each other. B. Rules 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 6. 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
Monday, November 22, 2021 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? http://lionnews00.blogspot.com/2021/11/dnr-data-practices-compliance-official.html
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.
Jim Austad, Lake of the Woods County Attorney 218-634-1190:
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. Your current Lake of the Woods County Attorney's office general policy and procedure manual and prosecutor's policy and procedure manual.
2. Data indicating that either you or your office personnel authorized the MN DNR to illegally release Michael A Sysa's (Case No. 39-VB-21-468 State Of Minnesota vs Michael A Sysa) David Alekseevich Sysa's (Case No. 39-VB-21-469 State Of Minnesota vs David Alekseevich Sysa) and Yevgeniy Sergeyevich Simonovich's (Case No. 39-VB-21-470 State Of Minnesota vs Yevgeniy Sergeyevich Simonovich) confidential 13.82 Subd. 7. criminal investigative data to members of the media.
Terry Dean, Nemmers 320-283-5713
P.S. Do you remember that the evidence of your willful refusal to comply with the Minnesota Government Data Practices Act was used by me to toss a huge monkey wrench into your failed 2016 attempt to be appointed as a judicial officer?
P.S.S. Are you going to harass me with snail mail, again? Or are you going to harass me with electronic communications this time?
https://www.revisor.mn.gov/court_rules/pr/subtype/cond/id/3.8/ Minnesota Court Rules PROFESSIONAL RULES Minnesota Rules of Professional Conduct Rule 3.8 Special Responsibilities of a Prosecutor The prosecutor in a criminal case shall: (f) exercise reasonable care to prevent employees or other persons assisting or associated with the prosecutor in a criminal case and over whom the prosecutor has direct control from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6.
IV. PRINCIPLE ONE Conservation Officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. A. Rationale Conservation Officers conduct their duties pursuant to a grant of limited authority. Therefore, officers must understand the laws defining the scope of their enforcement powers. Conservation Officers may only act in accordance with powers granted to them. B. Rules 1. Conservation Officers shall not knowingly exceed their authority in the enforcement of the law. 2. Conservation Officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, preservation of evidence, and use of force. A-4-99, CONDUCT UNBECOMING A CONSERVATION OFFICER Page 2. 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
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: (a) a decision by the agency or appropriate prosecutorial authority not to pursue the case; (b) expiration of the time to bring a charge or file a complaint under the applicable statute of limitations, or 30 years after the commission of the offense, whichever comes earliest; or (c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis of the investigative data. Any investigative data presented as evidence in court shall be public. Data determined to be inactive under clause (a) may become active if the agency or appropriate prosecutorial authority decides to renew the investigation.
from: Lion News lionnews00@gmail.com
to: savanna_s@co.lotw.mn.us
date: Jan 4, 2022, 10:41 AM
subject: Fwd: Why Are DNR Personnel Harassing Nemmers For Exposing Illegal Release Of Confidential 13.82 Subd. 7. Criminal Investigative Data For State Of MN VS Michael Sysa 39-VB-21-468, David Sysa 39-VB-21-469 And Yevgeniy Simonovich 39-VB-21-470?
mailed-by: gmail.com
More to come ...
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Echo
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