Ny B16 Nyc Interview Agreement Fdr- Draft And 12-19-03 Nyc Agreement 080

AGREEMENT BETWEEN THE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES AND THE CITY OF NEW YORK

THIS AGREEMENT is entered into on December , 2003 by the National Commission on Terrorist Attacks Upon the United States ("the Commission") and the City of New York ("the City") (collectively, the "Parties") regarding the Commission's request to the City pursuant to Pub. L. No. 107-306, §605 for certain materials. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. The Commission has requested records, tapes, and transcripts of dispatch and radio communications of the New York City Fire Department ("FDNY"), including Emergency Medical Services, for September 11, 2001. The City will provide any such materials to the Commission in unredacted form. Because of the sensitivity of these materials, the production of the materials will be subject to paragraph "3"below. 2. The Commission has requested Police Department Finest and Sprint reports for September 11, 2001. These reports also contain sensitive information. Some of the information in the Finest reports, which are print outs containing information related to internal police communications, is sensitive in that they identify individuals who were arrested (but not necessarily convicted) and Police Department employees who were directed to report for random drug screening. Moreover, these reports refer to details of the Department's response to the attacks, including mobilization information. The Sprint reports are also sensitive in that they summarize information about 911 calls, and thus contain certain information about persons in the Towers as well as the conditions they were facing. They also disclose personal information in regard to matters unrelated to the attacks. Accordingly, production of the Sprint and Finest reports will be made to the Commission subject to the paragraph "3" below. 3. The Commission shall not publicly disclose or release any portion of the materials provided to the Commission pursuant to the foregoing paragraphs, or any notes or other material derived from them. The Commission shall oppose any subpoena or other request for disclosure of these materials. Upon completion of its work, the Commission shall enter into an agreement with the National Archives and Records Administration ("National Archives") pursuant to which public disclosure of any of these materials shall be barred for a substantial period of time, which shall be not less than twenty five years. Such agreement shall require the National Archives to oppose any subpoena (except a subpoena issued by a grand jury or prosecutor) or other request for disclosure of these materials. Nothing herein shall preclude the Commission from including in its final report any statement made by a person if the individual consents thereto. 4. The Commission has requested Computer Aided Dispatches (CADs), which are FDNY summaries of certain information relating to 911 calls, for September 11, 2001. These CADs contain personal identifying information, and thus raise similar privacy concerns as the

911 calls themselves. Accordingly, the City will provide the CADs to the Commission with identifying information redacted. The City will make the unredacted CADs available to the Commission for inspection. The redacted CADs provided to the Commission and the unredacted CADs tendered to the Commission for inspection, and any notes or other material derived from them, will be subject to paragraph "5 of the Agreement between the parties dated December 3, 2003. 5. All additions or modifications to this Agreement must be in writing and signed by the Parties. 6. The undersigned represent that they have authority to enter into this Agreement and to make all of the representations and commitments set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. The National Commission on Terrorist Attacks Upon the United States

By: Print Name: Title:

The City of New York

By: Print Name: Title:

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New York City Law Department Office of the Corporation Counsel of the City of New York 100 Church Street New York, NY 10007 Fax No. (212)676-2740

Facsimile Transmission To:

SAM CASPER.SEN

From:

GARY SHAFFER

Fax#:

212-264-1595

Date:

December'X20 MC 2003

You should receive 3 page(s), including this one. If you do not receive all pages, please call (212) 676-2740 This facsimile contains CONFIDENTIAL INFORMATION which may also be LEGALLY PRIVILEGED. It is intended only for use of the addressee(s) named above. If you are neither the intended recipient of this facsimile nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that disseminating or copying this facsimile is prohibited. If you have received this facsimile in error, please notify this office by telephone and return the original to the address set forth above by the United States Postal Service. Thank you. Message: Here's the latest agreement between the City and the 9-11 Commission.

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DEC. 19.2003 3:34PM

9-11 COMMISSION

.NO. 0609

P. 2

AGREEMENT BETWEEN THE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES AND THE CITY OF NEW YORK 'j i • ' * ' , '

THIS AGREEMENT is entered into on December/^f 2003 by the National Commission on Terrorist Attacks Upon the United States ("the Commission") and the City of New York ("the City") (collectively, the "Parties") regarding tho Commission's request to the City pursuant to Pub. L. No. 107-306, §605 for certain materials. v NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: , -Lj $

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L The Commission has requested records, tapes, and transcripts of dispatch and radio commwucarions of die New York City Fire Department ("FDNY"), including Emergency Medical Services, for September 11,2001. The City will provide any such materials to the Commission in Tmredacted form, Because of the sensitivity of these materials, the production of the materials will be subject to paragraph "3"below. 2. The Commission has requested Police Department Finest and Sprint reports for September 11,2001. These reports also contain sensitive information. Some of the information in the Finest reports, which arc print outs containing information related to internal police wmmunications, is sensitive in that they identify individuals who were arrested (but not necessarily convicted) and Police Department employees who were directed to report for random drug screening. Moreover, these reports refer to details of the Department's response to tae attacks, including mobilization information. The Sprint reports are also sensitive in that they summarize information about 911 calls, and thus contain certain infbnnation about persons in the Towers as well as the conditions they were facing. They also disclose personal information in regard to matters unrelated to the attacks. Accordingly, production of the Sprint and Finest reports will be made to the Commission subject to the paragraph "3 " below. 3. The Commission shall not publicly disclose or release any portion of the materials provided to the Commission pursuant to the foregoing paragraphs, or any notes or other material derived fiom them. The Commission shall oppose any subpoena or other request for disclosure of these materials. Upon completion of its work, the Commission than enter into an agreement with the National Archives and Records Administration (^National Archives") pursuant to which public disclosure of any of these materials shall be barred for a substantial period of time, which shall be not less than twenty five years. Such agreement shall require the National Archives to oppose any subpoena, (except a subpoena issued by a grand jury or prosecutor) or other request for disclosure of these materials. Nothing herein shall preclude the Commission from including in its final report any statement made by a person if the individual consents thereto. 4. The Commission has requested Computer Aided Dispatches (CADs), which are FDNY summaries of certain information relating to 911 calls, for September 11,2001. These CADs contain personal identifying information, and thus raise similar privacy concerns as the

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91 1 calls themselves. Accordingly, the City vvill provide the CADs to the Commission with. identifying information redacted. The City will make the unredacted CADs available to the Commission for inspection. The redacted CADs provided to the Cczanissian and the xmredacted CADs tendered to the Commission for inspection, and any notes or other material derived from them, vdll be subject to paragraph "5 of the Agreement between the parties dated December 3, 2003. 5. All additions or modifications to this Agreement must be in writing and signed by the Parties. 6, The undersigned represent that they have authority to enter into mis Agreement and to make all of the representations and commitments set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of die date first above written, ;;; > ' • ..

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The National Commission on Terrorist Attacks Upon the United States

By.. Print Name: Title:

The City of N«w York

12/19/03 2: 18PM

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