2010.02.09 city of austin resp to record request-2

\\11'iter'sDirect Line(512) 914-3044

\V'riter's Fax Line(512) 974-2912

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CO~ER p~Gf. i I FEB 1 0 2010 iii JJIL O~W)CIty of Austin ' . ... }I,: ! iL::; !I , } ------.-.---- - --..! j, W IDepartment" :'&!!'l .__ 1City Hall, 301 West 2nd Street, P.O_Box 1088Austin, Texas 78767-8828(512) 974-2268

Law

VIA FIRST CLASS MAIL Colie:'IiP~~

Ms. Jerri Lynn Ward ~'IiJGada Ward, P.C.907 Ranch Road 620 South, Suite 101Lakeway, Texas 78734

Re: Your January 19, 2010 open records request.

Dear Ms. Ward:

Since the filing of its initial request for decision with the Attorney General's office theAustin Police Department ("the department") has determined that none of the records inits possession that are responsive to your request are excepted from disclosure.Therefore, the department is advising the Attorney General's office that it is withdrawingits previously submitted request for decision. A copy of this letter is enclosed.

I am also enclosing copies of the documents and video responsive to your request. Thereare also telephone conversations responsive to your request. However, these recordingscontain a personal email address. An email address of a member of the public isexcepted from disclosure under Section 552.137 of the Goverrunent Code and ORD No.684. Thus, the department must redact the email address from the recording before it isreleased to you. lam in the ~~B'l1ttltID~t1~q(il.1le~Ml I will forward you a copy of therecordings once they email ~Ms "'llf-1Je~n re~IMt.~lthough the Public InformationAct allows a governmental body to charge for copying documents, the enclosed are beingprovided to you at no charge.

\';rriter's Direct Line(512) 970044

\'\'ritcr's Fax Line(512) 974·2912

City of Austin

Law DepartmentCity Hall, 301 West 2nd Street, P.O. Box 1088Austin, Texas 78767-8828(512) 974-2268

February 9,2010VIA FIRST CLASS lVIAIL

Ms. Jerri Lynn WardGarlo Ward, P.C.907 Ranch Road 620 South, Suite 101Lakeway, Texas 78734

Re: Your January 19, 2010 open records request.

Dear Ms. Ward:

Since the filing of its initial request for decision with the Attorney General's office theAustin Police Department ("the department") has determined that none of the records inits possession that are responsive to your request are excepted from disclosure.Therefore, the department is advising the Attorney General's office that it is withdrawingits previously submitted request for decision. A copy of this letter is enclosed.

I am also enclosing copies of the documents and video responsive to your request. Thereare also telephone conversations responsive to your request. However, these recordingscontain a personal email address. An email address of a member of the public isexcepted from disclosure under Section 552.13 7 of the Government Code and ORD No.684. Thus; the department must redact the email address from the recording before it isreleased to you. I am in the process having this done and I will forward you a copy of therecordings once they email address has been redacted. Although the Public InformationAct allows a governmental body to charge for copying documents, the enclosed are beingprovided to you at no charge.

Encs.

HOIl. Creg AbbottFebmtll)' 9, 20 f 0Ptlge2

If you have any questions or wish to discuss this further, you may contact me at 974-3044or via e-mail [email protected].

~Allen W. smil~Paralegal (0 r:f}Cary GraceAssistant City Attorney

of 1Smiley, Allen

From: Long,Julie

Friday, January 15, 2010 1:34 PMSent:

To:Subject: FW: Market Place Austin

Mr. Boedeker,

I want to thank you again for attending the meeting and have the information that have you requested.Those attending the meeting were:

HEB: Brett BakerMinette Haney

APD Nuisance Abatement: Sg1. FlemingDet. LongDet. ChervenakDet. Russell

APD Firearms Review Unit: Det. Vineyard

ATF: Daniel Jones

I'm sorry, but I do not know the three gentlemen that were with Andy Perkel.

I thought I would just recap what was discussed in the meeting so that we are all on the same page, andonce again, these are just recommendations not directives.The recommendations made at the meeting were:

• That only licensed gun dealers are allowed to sell firearms at the gun show (which means allgun sales will be recorded and require back ground checks).

• That the venue will provide adequate on-site security to insure that there are no sales in theparking lot.

• That the venue will define a process for people that show up with a gun that they want to sell(i.e. sell it to a licensed dealer or sell it through a licensed dealer so that the transaction isrecorded and background checks are conducted).

Also, FYI, the district representatives and patrol officers in that area were notified of the situation andshould be in the area if needed.

If you have any further questions feel free to contact me at 974-5177 or e-mail me [email protected].

Julie

Julie Long #2270DetectiveNuisance AbatementAustin Police Department512-974-5177

2/3/2010

of 1Smiley, Allen

From: Vineyard, TJ

Sent: Friday, January 15, 2010 1:45 AM

To: Gonzalez, Gerardo

Cc: Booker, Ronald; Long, Julie; Skolaut, Douglas; Cruz, Patricia

Subject: Gun show this weekend (at the place formerly known as the Crockett Center)Lt. -

We had an "accord meeting" this afternoon with representatives from HEB, their sub-leasing tenants(primarily Andy Perkel), and the current gun show promoter (Darwin Boedecker),

The end result of the meeting was that HEB and Andy made it clear to Boedecker that they would onlyallow gun shows to continue if Boedecker followed our three recommendations, Those recommendationsare:

• That only licensed gun dealers are allowed to sell firearms at the gun show (which means all gunsales will be recorded and require background checks).

• That they will provide adequate on-site security to insure that there are no sales in the parking lot.• That they will define a process for people that show up with a gun that they want to sell (Le. sell it

to a licensed dealer or sell it through a dealer so that the transaction is recorded and backgroundchecks are conducted).

Andy was concerned that they are going to have to turn away a lot of unlicensed dealers at the door andask a lot of people to leave the parking lot under these new guidelines. He asked if we could find a wayfor a DR or a patrol officer to work the area on special assignment to assist their on-site security withpeople that they ask to leave the property.

I made certain that both Andy and Darwin were clear that we will not provide uniformed officers to patrolthe parking lots or show as that is THEIR responsibility, At the same time, I understand that there isgoing to be some confusion at this weekend's show as this is a pretty drastic change. I can see somepeople wanting to argue/debate the new rules and I can imagine it would be helpful to have someone toassist if they have people refusing to leave the property.

HEB reps made it clear that if we observe that they are NOT complying with these recommendations weshould let them know and they are going to terminate all future gun shows rather than risk liability on theirpart.

TJ

Detective T.J. VineyardAustin Police DepartmentFirearms Review Unit(512)974-4474 desk(512)974-5970 fax

2/3/2010

of 1

Smiley, Allen

From: Fleming, Stephen

Sent: Friday, January 15, 2010 12:34 PM

To: Cavett, Kenneth; Barnes, Sandi; Koble, Jeff; Soler, Luis; Krause, Kurtis; Thomas, Kurt; DelosSantos, Eric

Cc: Long, Julie; Chervenak, Lindsay

Subject: Gun Show this weekend 10601 N Lamar

Importance: High

The Nuisance Abatement Unit along with the Firearms Review Unit and BATF met with the promoters ofthe Texas Gun Show on Thursday January 14,2010. The meeting was to address the historical illegalgun sales that have present at the gun show traditionally held the third weekend of each month at 10601North lamar. (Formally know as Crockett Center) Now know as Market Place Austin. This weekend,Saturday and Sunday, there will be a gun show at the center.

The promoter, Darwin Boedecker, Texas Gun Shows, has taken the recommendation to restrict booths toonly licensed dealers and not allow 'unregulated' firearms sales in the event or on the property. He willhave security in the parking lot to try to limit and discourage private firearms sales from going on in theparking lot. Jf his security observes sales going on they are gOing to ask the parties to leave the propertybut if they refuse they will be calling 911 to issue a CTW to the parties.

I am providing this email as a heads up for those units that maybe working the area this weekend. If anyof your units are on duty, the gun show would appreciate extra drive bys and presence in the area whenable. They are working diligently with us to try to rid the event of the historical problems.

Remind your troops also be cautious when responding, if they are dispatched on a CTW call at thislocation this weekend it will probably involve 10-32 SUbjects that are trying to circumvent the legal transferof firearms which usually means either the seller of buyer is prohibited from possessing a firearm; i.e.felon or illegal alien.

Thank you for any assistance your units maybe able to provide, Stephen

Sergeant Stephen FlemingNuisance Abatement UnitOffice: 512.974.4421

2/3/2010

of 1

SmileYJ Allen

From: Vineyard, TJ

Sent: Wednesday, December 23, 2009 12:07 PM

To: Long, Julie

Subject: RE:

Yes, either one.

TJ

From: Long, JulieSent: Wednesday, December 23, 2009 9:37 AMTo: Vineyard/ TJ; 'Jones, Daniell.'Subject:

Would a 1pm meeting on Thursday, January 7th or Friday January 8th work for you?

Julie Long #2270DetectiveNuisance AbatementAustin Police Department512~974~5177

2/4/2010

of 2Smiley, Allen

From: Long, Julie

Sent: Friday, January 15, 2010 1:34 PM

To: Vineyard, TJ

Subject: RE: Market Place Austin

Thanks. We will be out there too but just for a couple of hours.

From~ Vineyard, TJSent: Friday, January 15, 2010 1:30 PMTo: Long, JulieSubject: Re: Market Place Austin

I think LT Gonzalez is going to hire two CCU guys on OT to work Saturday ...

TJ

On Jan 15,2010, at 1:26 PM, "Long, Julie" <[email protected]> wrote:

Just for 43-

From: Fleming, StephenSent: Friday, January 15, 2010 1:25 PMTo: Long, JulieSubject: RE: Market Place Austin

Looks good, you can send it.

Darwin called back and said he has another dealer (non-licensed) that is going to rent atable but do all transactions through an FFL. I told him that was ok because it was similar towhat we were describing if someone had inherited some guns and wanted to sell them. Itold him as long as all sales I purchases are through the FFL then we are still accomplishingthe same end by not allowing undocumented sales.

Sergeant Stephen FlemingNuisance Abatement I Animal CrueltyOffice: 512.974.4421Mobife: 512.736.2521

From: Long, JulieSent: Friday, January 1St 2010 1:18PMTo: Fleming, StephenSubject: Market Place Austin

What do you think about this a-mail before I send it out? Did we need to add anything?

Mr. Boedeker,

I want to thank you again for attending the meeting and have the information that have yourequested. Those attending the meeting were:


APD Nuisance Abatement: Sgt. FlemingDet. Long

2/4/2010

of2Oet. ChervenakOet. Russell

APO Firearms Review Unit: Oet. Vineyard

ATF: Daniel Jones

I'm sorry, but I do not know the three gentlemen that were with Andy Perke!.

I thought I would just recap what was discussed in the meeting so that we are all on the same page, and onceagain, these are just recommendations not directives.The recommendations made at the meeting were:

• That only licensed gun dealers are allowed to sell firearms at the gun show (which means all gunsales will be recorded and require back ground checks).

• That the venue will provide adequate on-site security to insure that there are no sales in the parkinglot.

• That the venue will define a process for people that show up with a gun that they want to sell (i.e. sellit to a licensed dealer or sell it through a licensed dealer so that the transaction is recorded andbackground checks are conducted).

Also, FYI, the district representatives and patrol officers in that area were notified of the situation and should be inthe area if needed.

If you have any further questions feel free to contact me at 974-5177 or e-mail [email protected].

Julie


2/4(2010

of 1Smiley, Allen

From: Jones, Daniel L. [[email protected]]

Sent: Wednesday, December 23,200910:47 AM

To: Long, Julie

Subject: Re:

Yes.

DanielATFDaniel JonesSpecial AgentATF Austin512-231-2885

***NOTICE: This electronic transmission is confidential and intended only for the person(s) to whom it isaddressed. If you have received this transmission in error, please notify the sender by return e-mail anddestroy this message in its entirety (including all attachments).

----------

From: Long, JulieTo: Vineyard, TJ ; Jones, Daniel L.Sent: Wed Dec23 10:36:422009Subject:

Would a 1pm meeting on Thursday, January 7th or Friday January 8th work for you?

.Tulie Long #2270DetectiveNuisance AbatementAustin Police Department512-974-5177

******* NOTICE: This electronic transmission is confidential and intended only for theperson(s) to whom it is addressed. If you have received this transmission in error, pleasenotify the sender by return e-mail and destroy this message in its entirety (including allattachments).

2/4/2010

of 2

Smiley, Allen

From: Long, Julie

Sent: Friday, January 15, 20101:27 PM

To: Vineyard, TJ; '[email protected]'

Subject: FW: Market Place Austin

Just for 43-

___ . ..__ ,c_,_._~ ... ~ .- ..-. -. -,-- .,----=--------;-;-~7_~•._.-:---:_--.,.---,- __ "__~7".. - .. -----;--~,- .•-.--""'------.-. -, ~-~-.-- . .,..----,--- ..-

From: Fleming, StephenSent: Friday, January 15, 2010 1:25 PMTo: Long, JulieSubject: RE: Market Place Austin

Looks good, you can send it.

Darwin cafled back and said he has another dealer (non-licensed) that is going to rent a table but do alltransactions through an FFL. I told him that was ok because it was similar to what we were describing ifsomeone had inherited some guns and wanted to sell them. I told him as long as afl sales / purchases arethrough the FFL then we are still accomplishing the same end by not allowing undocumented sales.

Sergeant Stephen FlemingNuisance Abatement I Animal CrueltyOffice: 512.974.4421Mobile: 512.736.2521

From: Lonq, JulieSent: Friday, January 15, 2010 1:18 PMTo: Fleming, StephenSubject: Market Place Austin

What do you think about this e-mail before I send it out? Did we need to add anything?

Mr. Boedeker,

I want to thank you again for attending the meeting and have the information that have you requested.Those attending the meeting were:


APD Nuisance Abatement 8gt. FlemingDet. LongDet. ChervenakDet. Russell

APD Firearms Review Unit: Det. Vineyard

ATF: Daniel Jones

I'm sorry, but I do not know the three gentlemen that were with Andy Perke!.

I thought I would just recap what was discussed in the meeting so that we are allan the same page, andonce again, these are just recommendations not directives.The recommendations made at the meeting were:

• That only licensed gun dealers are allowed to sell firearms at the gun show (which means allgun sales will be recorded and require back ground checks).

• That the venue will provide adequate on-site security to insure that there are no sales in theparking lot.

• That the venue will define a process for people that show up with a gun that they want to sell

2/4/2010

If you have any further questions feel free to contact me at 974-5177 or e-mail [email protected].

Page 2of2(i.e. sell it to a licensed dealer or sell it through a licensed dealer so that the transaction is recorded and background

checks are conducted).

Also, FYI, the district representatives and patrol officers in that area were notified of the situation and should be in the area ifneeded.

Julie


2/4/2010

of2Smiley~Allen

From: Vineyard, TJ


To: Long, Julie; 'Jones, Daniel L.'

Cc: Fleming, Stephen

Subject: RE:OK with me.

TJ

From: Long, JulieSent: Wednesday, December 23,200912:27 PMTo: 'Jones, Daniel L,'; Vineyard, TJCc: Fleming, StephenSubject: RE:

Okay, how about Thursday, January 7th at 1prn. Thanks.

Julie

From: Jones, Daniel L. [mailto:[email protected]]Sent: Wednesday, December 23,2009 10:47 AMTo: Long, JulieSubject: Re:

Yes.


***NOTICE: This electronic transmission is confidential and intended only for the person(s) to whom it isaddressed. If you have received this transmission in error, please notify the sender by return e-mail anddestroy this message in its entirety (including all attachments),

From: Long, JulieTo: Vineyard, TJ ; Jones, Daniel L.Sent: Wed Dec 23 10:36:422009Subject:Would a 1pm meeting on Thursday, January 7th or Friday January 8thwork for you?


******* NOTICE: This electronic transmission is confidential and intended only for theperson(s) to whom it is addressed. If you have received this transmission in errol', please

2/4/2010

notify the sender by return e-mail and destroy this message in its entirety (including all attachments).

2/4/2010

Page 2of2

of 1Smiley, Allen

From: Long, Julie


To: 'Jones, Daniel L,'; Vineyard, TJ

Cc: Fleming, StephenSubject: RE:

Okay, how about Thursday, January 7th at 1pm. Thanks.

Julie

From: Jones, Daniel L. [mailto:[email protected]]Sent: Wednesday, December 23,200910:47 AMTo: Long, JulieSubject: Re:

Yes.


***NOTICE: This electronic transmission is confidential and intended only for the person(s) to whom it isaddressed. If you have received this transmission in error, please notify the sender by return e-mail anddestroy this message in its entirety (including all attachments).

h __ '_~_. __ ~. __ •__ ••• .-?-~~ ~._~._. . ~_~~~~~~~~_"""",,-_. ~_~~~ , ~.

From: Long, JulieTo: Vineyard, TJ ; Jones, Daniel L.Sent: Wed Dec 23 10:36:422009Subject:Would a 1pm meeting on Thursday, January 7th or Friday January 8th work for you?


******* NOTICE: This electronic transmission is confidential and intended only for theperson(s) to whom it is addressed. If you have received this transmission in error, pleasenotify the sender by return e-mail and destroy this message in its entirety (including allattachments).

2/4/2010

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