from: Kruse, Greg A (DNR) greg.kruse@state.mn.us
to: "lionnews00@gmail.com" lionnews00@gmail.com
date: Feb 17, 2022, 1:41 PM
subject: Data practices requests
mailed-by: state.mn.us
signed-by: state.mn.us
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: Important according to Google magic.
Dear Mr. Nemmers,
I am responding to your email of January 4, 2022, to Commissioner Strommen and others regarding the data practices requests you submitted to the Minnesota Department of Natural Resources (DNR) on November 14, and November 18, 2021.
In your email you indicate that the DNR has not responded to data requests you made in November. However, the DNR did respond to your requests in a timely manner, as indicated in the following paragraphs. You also state in your January 4, 2022, email that DNR released not public data to you in response to your requests. As described below, that assertion is not correct.
In your November 14, 2021 request, you asked for copies of citations of the three individuals named in a November 12, 2021 Pioneer Press article as well as a press release sent to the Bemidji Pioneer regarding a news article that appeared in that paper. Additionally, on November 18, 2021, you requested a redacted copy of the warning given the minor referenced in the article, as well as “the DNR policy and procedure manual”.
On November 15, 2021, DNR staff notified you that there was no press release related to the Bemidji Pioneer news article and therefore no data to provide regarding that request. On this date, DNR staff also emailed you copies of incident reports that were redacted pursuant to Minnesota Statutes section 13.82, subdivision 6. On November 22, 2021, DNR staff emailed you a copy of the three citations that you requested as well as a copy of the verbal warning issued to the minor. The citations were redacted pursuant to Minnesota Statutes section 13.82, subdivision 2 and the data on the verbal warning issued to a minor was redacted pursuant to Minnesota Statutes section 84.0873.
The redacted incident reports, citations and verbal warning are not criminal investigative data as defined in statute. Minnesota Statutes section 13.82, subdivision 2, classifies “data created or collected by law enforcement agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty” as public data. Minnesota Statutes section 13.82, subdivision 6 classifies “data collected or created by law enforcement agencies which document the agency’s response to a request for service” as public data. DNR redacted information that is not classified as public under subdivisions 2 and 6 of section 13.82, but the remainder of this data is public. Arrest data under subdivision 2 and response data under subdivision 6 of section 13.82 is excluded from the definition of “criminal investigative data” in subdivision 7 of section 13.82. Further, a warning is not “criminal investigative data” because it is not data collected in order to “prepare a case against a person . . . for the commission of a crime.” Minnesota Statutes 13.82, subdivision 7.
On November 19, 2021, in response to your inquiry about a “DNR policy and procedure manual,” staff noted the breadth of options and sought clarification of your request, which you did not provide in your subsequent communications. In an effort to be as responsive as possible, on November 29, 2021, staff provided you with the two DNR operational orders most closely associated with the nature of your request (data practices). Staff subsequently provided you with the entirety of DNR’s operational orders over the course of multiple emails sent to you on December 1, 2021.
As indicated above, DNR staff have promptly provided the data you requested in accordance with the Minnesota Government Data Practices Act; staff also promptly responded to your requests for data that did not exist (i.e., a press release) by indicating that such data did not exist.
You can always request other data from this agency at https://www.dnr.state.mn.us/aboutdnr/dataaccess/index.html. Thank you for your correspondence.
Sincerely,
Greg Kruse
Acting Director
Operations Services Division
Minnesota Department of Natural Resource
500 Lafayette Road St. Paul, MN 55155
651-259-5718
greg.kruse@state.mn.us
from: Lion News lionnews00@gmail.com
to: "Kruse, Greg A (DNR)" greg.kruse@state.mn.us,
Barb.Naramore@state.mn.us,
Sarah.Strommen@state.mn.us,
"Alongi, Anthony (DNR)" anthony.alongi@state.mn.us,
"MN_Data Request (DNR)" datarequest.dnr@state.mn.us
date: Feb 17, 2022, 2:46 PM
subject: Re: Data practices requests
mailed-by: gmail.com
Sarah Strommen, DNR Commissioner & Barb Naramore, Deputy DNR Commissioner 651-259-5033:
Is your Acting Director Greg Kruse drunk as a skunk? Or is Kruse high as a kite on prescription or illicit drugs? Maybe Kruse had a traumatic brain injury or a stroke? Or is Kruse just continuing with the same harassment script that I have been receiving from your other corrupt DNR personnel?
1, Have or haven't I received the current Minnesota Department Of Natural Resources Division Of Enforcement Directives? Answer: No. Why not?
2. Do or don't I want the entire current Minnesota Department Of Natural Resources Division Of Enforcement Directives emailed to me? Answer: Yes. Why haven't that data been emailed to me?
2. DId or didn't the DNR receive authorization from Lake of the Woods County Attorney James Carl Austad 218-634-1190? Where is my data that indicates that you received proper authorization from Lake of the Woods County Attorney James Carl Austad of confidential 13.82 Subd. 7. Criminal investigative data for 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) to members of the media?
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.
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.
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
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
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