Sheriff Data Collection Request (2021)

Samuel Sinyangwe filed this request with the Oneida County Sheriff of Oneida County, NY.
Status
Completed

Communications

From: Samuel Sinyangwe

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.

6. the total number of officer involved shootings in 2021, both fatal and non-fatal.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.

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 5 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

From:

Re: Freedom of Information Law request

The Oneida County Sheriff's Office has received your request for records under the Freedom of Information Law on .

The procedure to obtain information is to contact the Oneida County Clerk's Office through the Oneida County Website. You will find the proper form by clicking on the link I have provided below.
https://ocgov.net/departments/county-clerk/
After clicking this link, scroll down on the page to Quick Links and click on Freedom of Information (FOIL) to fill out and submit the form.
Once you have completed and submitted the FOIL request the Clerk's Office will advise our Office of the requested materials.

If you have any difficulties or further inquiries regarding your request, please contact the Oneida County Clerk's Office at 315-798-5776 for guidance. For any questions specific to our office, please feel free to contact Captain Tim O'Halloran through email TOhalloran@oneidacountysheriff.us<mailto:TOhalloran@oneidacountysheriff.us> or by phone (315)765-2748.

Sincerely,

Molly Ballard
Principal Clerk
Oneida County Sheriff's Office
6065 Judd Road
Oriskany, NY 13424
315-765-2294

From:

Oneida County is in receipt of your request and will follow-up with the necessary department to obtain the requested information. We will keep you updated on your request.

Respectfully,

OC FOIL Office

-For future requests- The procedure to obtain information is to contact the Oneida County Clerk's Office through the Oneida County Website. You will find the proper form by clicking on the link. https://ocgov.net/departments/county-clerk/
After clicking this link, scroll down on the page to Quick Links and click on Freedom of Information (FOIL) to fill out and submit the form.
Once you have completed and submitted the FOIL request the Clerk's Office will advise the appropriate department of the requested materials.
-If you have any questions, please contact the Oneida County Clerk's Office at 315-798-5776 or email OCFoilRequest@ocgov.net<mailto:OCFoilRequest@ocgov.net> for guidance.

From: Oneida County Sheriff

Good Morning,

I will look into where they are at with this FOIL request and get back to you.

Thank you for your patience,

OC FOIL Office

From: Oneida County Sheriff

Good Morning,

You should have a response to your FOIL by Monday.

Thank you,

OC FOIL Office

From: Oneida County Sheriff

Dear sir or Madam,

This letter is sent in response to your request dated: March 26, 2024 under the Freedom of Information Law. Your request is asking for statistical data with regards to the "use of force" by the members of Sheriff's Department. The Sheriff's Department does not maintain the statistical data you are requesting. New York State Article 6 of the Public Officers Law requires an agency to produce records that the agency has, but an agency is not required to create a new record it does not possess. See N.Y. Pub. Off. Law ยง 89 (McKinney). Also see, Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 880 N.E.2d 10 (2007).

However, In response to your request, the Sheriff's Department does have the following information from the Patrol Division only for 2021.

Patrol 2021

Request #1
Empty Hand-46
Taser -9
Pepper Spray-0
Firearm- 2 *** Two deputies brandished their firearm regarding the same incident. Neither firearm was discharged.
Impact Weapon- 0
BOLA Wrap - 0
Pursuit - 3 -

Request #2
Misconduct - 3

Request #3
Excessive Force - 0

Request #4
Biased Policing/Racial Profiling - 0

Request #5
Criminal Conduct - 1

Request #6
Officer Involved Shootings - 0

Respectfully,

OC FOIL Office

Please be advised that within thirty days of this letter, you may appeal this determination to the FOIL Appeal Officer. Pursuant to Oneida County Freedom of Information Law, Local Law #3 of 2013, the Appeals Officer for FOIL Appeals is: Charles Klein, Commissioner of Personnel, 800 Park Avenue, Utica, New York 13501; Telephone Number: (315) 798-5726. Mr. Klein can also accept your appeal electronically via email to: personnel@ocgov.net<mailto:personnel@ocgov.net>.

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