Records request from BuzzFeed News: Incident reports for crimes of aggravated assault

Peter Aldhous filed this request with the Evansville Police Department of Evansville, IN.
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From: Peter Aldhous

To Whom It May Concern:

Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:

Police incident or arrest reports for all crimes of aggravated assault recorded in 2016 (including descriptions of the incident).

Because aggregated statistics on these crimes are reported annually to the FBI under the Uniform Crime Reporting program by your agency, I believe you retain these records.

This request is made as part of the Documenting Hate Project, a collaboration involving dozens of news organizations including BuzzFeed News, led by ProPublica. Coverage from the project is compiled at https://projects.propublica.org/graphics/hatecrimes#hatecrime-coverage.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Peter Aldhous

From: Evansville Police Department

There were 462 aggravated assaults and the cost to receive a copy of them would be $2310.

Thank You

From: Peter Aldhous

Thank you for your reply of Feb 15. I understand that your standard charge for a single offense report is $5, but your quoted cost here is excessive in the context of a bulk records request made for journalistic purposes. I am accustomed to agencies charging copying fees in the region of $0.05 to $0.25 per page, while some waive fees altogether.

The key information I am looking for here is the officer's narrative report describing each incident. Do you retain these records in an electronic/database form? If so, I trust we can discuss how to provide the information I am requesting at a more reasonable cost.

Perhaps it would be best to speak by telephone, so I can understand more about how your records and kept and how to pursue my request in a way that will be efficient for both of us.

Sincerely,

--
Peter Aldhous
Science reporter | BuzzFeed News
tel: 415 800 3471
cell: 415 503 7323
peter.aldhous@buzzfeed.com
@paldhous
PGP Fingerprint: 225F B2AF 4B8E 6E3D B1EA 7F9A B96E BF7D 9CB2 9B16
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From: Peter Aldhous

Attention: Pam Sims

Dear Ms Sims,

I called to discuss your response to my requests on Feb 27.

I have consulted with our lawyers on this, and have been instructed to send you the attached ruling against the Evansville Police Department by Indiana's Public Access Counselor:

It states: A copying fee that is not established by the fiscal body for the public agency is not permitted under the Access to Public Records Act. For a local public agency to charge a copying fee, the fee must be established by the fiscal body of the public agency, and the fee may not exceed the actual cost of copying. IC 5-14-3-8(d). “Actual cost” means the cost of the paper and the per-page cost for use of copying equipment. Id. The fee may not include labor costs, overhead costs, or costs to search for the records. Id.; IC 5-14-3-8(b)(2). Hence, the cost of copies for Department records must be established by the Evansville Common Council (or City Council, as it is known). The fee may not exceed the actual cost of copying.

The ruling is also available online: http://www.in.gov/pac/advisory/files/05-FC-264.pdf

I would be very grateful if you would produced a revised estimate of fulfilling me request , reflecting the actual cost of copying the records, as required under the Access to Public Records Act.

Sincerely,

--
Peter Aldhous, PhD
Science reporter | BuzzFeed News
tel: 415 800 3471
cell: 415 503 7323
peter.aldhous@buzzfeed.com

From: Evansville Police Department

I have sent this email to my Sgt and she will follow up with the Asst. Chief and Chief and we will get back to you. We have a presidential visit coming this week so a reply will likely come sometime next week.

From: Evansville Police Department

This has been sent to my superiors

From: Evansville Police Department

Dear Mr. Aldhous,

I'm writing regarding your request for the aggravated assaults in the City of Evansville, Indiana. Per our PIO Sgt. Jason Cullum, we are requesting a 10 cent fee per page. This includes it being printed and mailed. If you wish to proceed with this request, please let me know. I have taken over the UCR reporting after my co-worker, Pamela Sims, retired earlier this year. Thank you for your time.

Stacy L. Melton
Records Specialist
Evansville Police Department
(812) 436-7956
Fax (812) 435-6231

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