Axon AI - Colorado

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

To Whom It May Concern:

1) Officer training material provided by Axon Enterprise, Inc to the police department regarding its use of Draft One software linked here: https://www.axon.com/products/draft-one

2) All police reports drafted with the use of Draft One between January 1st 2024 and the date this request is completed.

3) Copies of Fort Collins Department settings and configurations for Draft One, including all opt-in features that the department has elected to use, including the incident types for which the software can be used. Please refer to the launch seminar in which Axon mentions that police department for opt-in configurations: https://www.axon.com/resources/draft-one-launch-webinar

4) Guides, safety tests, and other supplementary material that mention Draft One provided by Axon Enterprise, Inc from January 1st 2024 and the date this request is completed.

5) Communications between Sgt. Robert Younger and representatives of Axon Enterprise, Inc between January 1st 2024 and the date this request is completed.

6) Contracts between Axon Enterprise, Inc and the police department that mention Draft One.

INSTRUCTIONS REGARDING SEARCH

1. Instructions Regarding “Leads:” – As required by the relevant case law, Fort Collins Police Department should follow any leads it discovers during the conduct of its searches and performs additional searches when said leads indicate that records may be located in another system. Failure to follow clear leads is a violation of FOIA
2. Request for Public Records – Please search for any records even if they are already publicly available.
3. Requests for Electronic and Paper/Manual Searches - I request that searches of all electronic and paper/manual incidences, filing systems, and locations for any and all records relating or referring to the subject of my request be conducted.
4. Request for Search of Filing Systems, Indices, and Locations – I request that Fort Collins Police Department. Search all of its offices and components which are likely to contain responsive records
5. Requests regarding photographs and other visual materials – I request that any photographs or other visual materials responsive to my request be released to me in their original or comparable forms, quality, and resolution. For example, if a photograph was taken digitally, or if Fort Collins Police Department, maintains a photograph digitally, I request disclosure of the original digital image file, not a reduced resolution version of that image nor a printout and scan of that image file. Likewise, if a photograph was originally taken as a color photograph, I request disclosure of that photograph as a color image, not a black and white image. Please contact me for any clarification on this point.
6. Request for Duplicate Pages – I request disclosure of any and all supposedly “duplicate” pages. Scholars analyze records not only for the information available on any given page, but also for the relationship between that information and information on pages surrounding it. As such, though certain pages may have been previously released to me, the existence of those pages within new context renders them functionally new pages. As such, the only way to properly analyze released information is to analyze that information with its proper context. Therefore, I request disclosure of all “duplicate” pages.
7. Request to Search Emails – Please search for emails relating to the subject matter of my request.
8. Request for Search of Records Transferred to Other Agencies – I request that in conducting its search, Fort Collins Police Department, disclose releasable records even if they are available publicly through other sources outside of the organization.
9. Regarding Destroyed Records – If any records responsive or potentially responsive to my request have been destroyed, my request includes but is not limited to any and all records relating or referring to the destruction of those records. This includes, but is not limited to, any and all records relating or referring to the events leading to the destruction of those records.

INSTRUCTIONS REGARDING SCOPE AND BREADTH OF REQUESTS

Please interpret the scope of this request broadly. Fort Collins Police Department is instructed to interpret the scope of this request in the most liberal manner possible short of any interpretation that would lend to a conclusion that the request does not reasonably describe the records sought.

EXEMPTIONS AND SEGREBALITY

I call your attention to President Obama’s 21 January 2009 Memorandum concerning the Freedom of Information Act in which he states:

“All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA…The presumption of disclosure should be applied to all decisions involving FOIA.

In the same Memorandum, President Obama added that government information should not be kept confidential “merely because public officials might be embarrassed by disclosure, because of errors and failures might be revealed, or because of speculative or abstract fears.”

Finally, President Obama ordered that “The Freedom of Information Act should be administered with a clear presumption: In the case of doubt, openness prevails”

Nonetheless, if any responsive record or portion thereof is claimed to be exempt from production, FOIA statues provide that even if some of the requested material is properly exempt from mandatory disclosure, all segregable portions must be released. If documents are denied in part or in whole, please specify which exemption(s) is (are) claimed for each passage or whole document denied. Please provide a complete itemized inventory and a detailed factual justification of total or partial denial of documents. Specify the number of pages in each document and the toal number of pages pertaining to this request. For “classified” material denied, please include the following information: the classification (confidential., secret or top secret); identity of the classifier; date or event for automatic declassification or classification review or downgrading; if applicable, identity of official authorizing extension of automatic declassification or review past six years; and, if applicable, the reason for extended classification beyond six years.

In excising material, please “black out” the material rather than “White out” or “cut out.” I expect, as provided by FOIA, that the remaining non-exempt portions of documents will be released. Please release all pages regardless of the extent of excising, even if all that remains are stationary headings or administrative markings.

In addition, I ask that your agency exercise its discretion to release records which may be technically exempt, but where withholdings serve no important public interest.

ADDITIONAL INSTRUCTIONS REGARDING REQUEST

Please produce all records with administrative markings and pagination included. Please send a memo (copy to me) to the appropriate units in your office to assure that no record related to this requests are destroyed. Please advise of any destruction of records and include the data of the authority of such destruction.

FORMAT

I request that any release stemming from this request be provided to me in digital format (soft copy) via email, or via USB DRIVE, COMPACT DISK, or other like media.

FEE CATEGORY AND REQUEST FOR A FEE WAIVER

I am an investigative journalist who has written for major media including Business Insider, Time, Fortune, and The Nation Magazine. I am willing to pay any reasonable expenses associated with this request, however, as the purpose of the request is disclosure in full conformity with the statutory requirements for a waiver of fees, I formally request such a waiver. I request a waiver of all costs pursuant to 5 U.S.C. § 552(a)(4)(A)(iii).

Should my request for a fee waiver be denied, I request that I be categorized as a member of the news media for free purposes.

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 3 business days, as the statute requires.

Sincerely,

Tekendra Parmar

Hello,

Is there a possibility to open this request again without filing an additional freedom of information request. This time, can we please request a no or reduced fee because I am a member of the media and this information is intended for public use?

I'm happy to get on a call and discuss this further.

All my best,
Tekendra