Calhoun, 032718 NEAGO, 18-R-107

Docket Nº:18-R-107
Case Date:March 27, 2018
Court:Nebraska
 
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Jeffrey Calhoun
No. 18-R-107
State of Nebraska Office of the Attorney General
March 27, 2018
         Thurston County Attorney; Petitioner Jeffrey Calhoun          Dear Mr. Calhoun:          This letter is in response to your correspondence received by us on March 9, 2018, in which you requested our review of a response to a public records request made by you to the Thurston County Attorney ("County Attorney") for records of that office. We consider your letter to be a petition for access to records under the Nebraska Public Records Statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09 (2014, Cum. Supp. 2016). Following your initial contact, we sought further information from you, which you provided on March 13, 2018. As is our normal practice with such requests, we then contacted the party against whom the complaint was made. In this case, we spoke to Tammy Maul-Bodlak on March 14, 2018 and received copies of the relevant public records requests and responses from her on that date. Ms. Maul-Bodlak also provided us with a written response to your petition on March 19, 2018. We have now considered your complaint and our findings are set forth below.          FACTS          Our understanding of the facts in this matter is based on your public records requests, the responses of Ms. Maul-Bodlak, your petition submitted to this office, and the response of the County Attorney to your petition..          As an initial matter, you made your request under the Federal Freedom of Information Act. The Freedom of Information Act, or FOIA, is a federal law, codified at 5 U.S.C. § 552, which generally provides that any person has the right to request access to federal agency records and information. You are seeking information from the County Attorney, an agency of Thurston County, Nebraska. FOIA does not apply to county agencies. The Nebraska Public Records Statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09 ("NPRS"), govern access to records of and belonging to the County Attorney and provides this office certain investigatory powers. Our office has no authority under FOIA. Consequently, our analysis will be related only to the NPRS and not to FOIA.          Additionally, your petition seeks our assistance in receiving records from the Winnebago Police Department and the United States Bureau of Indian Affairs. However, neither of these two agencies fall...

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