Use of force (response to resistance) guidance, policies, and data (Kent County Sheriff)

Beryl Lipton filed this request with the Kent County Sheriff of Kent County, MI.
Multi Request Use of force (response to resistance) guidance, policies, and data
Est. Completion None
Status
Fix Required

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records related to this agency's policies on and reporting of uses of force and responses to resistance:

• Policies.
Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.

Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.

Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.

Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.

• Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.

• Forms, coding descriptions, and other guidance.
All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons

• Use of Force Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Incident details: incident or other unique identification number for the use of force incident
Type of force details: a description of each type of force used
Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras
Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

• Discharge Report Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Incident description and details
Tool or weapon used, including any unique identifier or identification number
Number of discharges
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Type of force details: a description of each type of force used
Disposition or status of any investigation or follow-up review of the incident
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed. There is no commercial interest in the submission of this request or the release of these records.

In the event that there are fees appropriately assessed in association with this request, 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 5 business days, as the statute requires.

Sincerely,

Beryl Lipton

From: Kent County Sheriff

Mr. Lipton,

This email acknowledges receipt of your request for records by electronic mail on July 29th and it is deemed received pursuant to MI FOIA law on July 30th. MCL 15.235(1): A written request made by facsimile, electronic mail, or other electronic transmission is not received by a public body's FOIA coordinator until 1 business day after the electronic transmission is made. Your request has been assigned to the Sheriff's FOIA Coordinator, Jennifer Phelps, for review and compilation of records.

On review of your request, it is a broad and voluminous request that will require us to coordinate with multiple divisions of the Sheriff's Office to locate, compile, and review for redactions and exemptions permissible under the law. By this email, we are requesting an extension of 10-days beyond the 5-day response time to fully respond to your request. A response will be made by August 20th. As records are processed and made available, we will make efforts to release them incrementally and if possible sooner than August 20th.

We are discussing the various items of records you are seeking and we need clarification on the bulleted item listed below. We are not sure what you are asking for in regards to the acquisition. Is it a purchasing policy? Further, can you explain what you mean by reporting of weapons or tools.

* Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.

Note that there will be a fee for the records as permitted by MI law, MCL 15.243. We will send you an estimate prior to processing the responsive records. It has also come to my attention from the Sheriff's Office that Muckrock has a previous request pending for payment of fees. You can contact Jennifer Phelps at Phone: 616-632-6203 or email her at Jennifer.Phelps@kentcountymi.gov<mailto:Jennifer.Phelps@kentcountymi.gov> to resolve the prior request.

I would like to inform you that you can submit your records requests online at https://www.accesskent.com/FOIA/loadAppSettingsPublic.action for ease of tracking of the status of your request, electronic payment, and communications.

Regards,
Sangeeta

Sangeeta Ghosh
Assistant Corporate Counsel
County of Kent
300 Monroe Avenue NW
Grand Rapids, MI 49503
Phone # 616-632-7574 (Work)
616-780-0199 (Cell)
Fax# 616-632-7585

"This message has been prepared on resources owned by Kent County, MI. It is subject to the Acceptable Use Policy of Kent County."

***PRIVILEGED AND CONFIDENTIAL***
The information contained in this message from Kent County Corporate Counsel's Office, including any attachments, is privileged and confidential and intended only for the named recipient(s). If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution, copying, or action taken in relation to the contents of and attachments to this email is strictly prohibited and may be unlawful. If you have received this email in error, notify the sender immediately, permanently delete the original, and destroy any copies or printouts.

From: Kent County Sheriff

Sangeeta,

This is the one that you sent an extension on making the due date 08/20/20.

We ended up sending a response early (on 8/17/20) stating we would need payment of $321.00. Once payment is received we will send out the requested documents.

Hope that helps.

Thanks,

Jen

Deputy Jennifer Phelps
Freedom of Information Coordinator
Kent County Sheriff’s Office
Phone: 616-632-6203
Fax: 616-632-6217
Jennifer.Phelps@kentcountymi.gov<mailto:Jennifer.Phelps@kentcountymi.gov>

From: Kent County Sheriff

Mr. Lipton,

Please contact me by email or call me at (616) 780-0199 about your records request. As informed to you in detail by my email of August 5, we cannot process your request with a clarification and payment of fees.

Sangeeta

Sangeeta Ghosh
Assistant Corporate Counsel
County of Kent
300 Monroe Avenue NW
Grand Rapids, MI 49503
Phone # 616-632-7574 (Work)
616-780-0199 (Cell)
Fax# 616-632-7585

“This message has been prepared on resources owned by Kent County, MI. It is subject to the Acceptable Use Policy of Kent County.”

***PRIVILEGED AND CONFIDENTIAL***
The information contained in this message from Kent County Corporate Counsel's Office, including any attachments, is privileged and confidential and intended only for the named recipient(s). If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution, copying, or action taken in relation to the contents of and attachments to this email is strictly prohibited and may be unlawful. If you have received this email in error, notify the sender immediately, permanently delete the original, and destroy any copies or printouts.

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