Sheriff data collection (2017-2022) (Otero County Sheriff) • MuckRock

3 Communications
3 Files

From: Samuel Sinyangwe

06/30/2024

Subject: New Mexico Inspection of Public Records Act Request: Sheriff data collection (2017-2022) (Otero County Sheriff)

To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:

1. the total number of use of force incidents from 2017-2022, separated by year. Please include as part of this a breakdown of how many use of force incidents in 2022 were related to law enforcement operations and how many were related to correctional/custodial operations. 
2. the total number of use of force incidents, separated by year and type of force, from 2017-2022 (for example, information that specifies the number of taser incidents in 2022, baton incidents in 2022, etc.)
3. the total number of civilian complaints against law enforcement that were reported and the total number sustained from 2017-2022, separated by year.  
4. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017-2022, separated by year. 
5. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2017-2022, separated by year.  
6. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017-2022, separated by year. 
7. the total number of officer-involved shootings from 2017-2022, both fatal and non-fatal, separated by year.
8. the total number of people who the sheriff’s department used force against, broken down by race/ethnicity, in 2022.

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 15 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

From: Otero County Sheriff

07/02/2024

Subject: Otero County's 3-Day Letter for file 24PRR174

Good morning,
The Otero County Records Custodian has received your IPRA request submitted on July 1, 2024 to the Otero County Sheriff's Department via email today.
We are in the process of reviewing your request and will respond on or before July 16, 2024.
For your awareness there may be fees associated with your request depending on the record format and method of delivery. Some records may only be available for in-person review and inspection.
If there is a cost associated with your request, I will send an invoice via email with the total amount owed for your review and approval. Once the charges are approved and full payment is received the records will then be available for in-person pick-up or provided via mail or fax.
For most, but not all, electronic records, there will be no fee charged. Otero County uses OneDrive to transfer electronic records.
Please, let me know your preferred method for the delivery of requested records by responding to this email, so that we are able to get the requested records to you in a timely manner.
Also, if you have any further IPRA request please send the request to:
jarellano@co.otero.nm.us<mailto:jarellano@co.otero.nm.us>
and/or
ipra@co.otero.nm.us<mailto:ipra@co.otero.nm.us>
If you have any questions, please contact me via email or by phone (number provided below). Thank you for your time.
Best Regards,
Jaye

Juanita "Jaye" Arellano

Otero County Legal Assistant

& Records Custodian

1101 New York Ave. Room 201

Alamogordo, NM 88310

jarellano@co.otero.nm.us<mailto:jarellano@co.otero.nm.us>

Office: 575-439-2616

Mon - Thurs 8am - 4pm

[cid:faafbea2-4d44-4809-873b-9afef694c812]

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From: Otero County Sheriff

07/10/2024

Subject: Otero County's IPRA Response and Records Attached for File 24PRR174

Good afternoon,

The Otero County Records Custodian received your public records request on July 1, 2024, via forwarded email from the Otero County Sheriff's Office seeking the following records:

2. the total number of use of force incidents, separated by year and type of force, from 2017-2022 (for example, information that specifies the number of taser incidents in 2022, baton incidents in 2022, etc.)
3. the total number of civilian complaints against law enforcement that were reported and the total number sustained from 2017-2022, separated by year.

4. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017-2022, separated by year.

5. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2017-2022, separated by year.

6. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017-2022, separated by year.

7. the total number of officer-involved shootings from 2017-2022, both fatal and non-fatal, separated by year.
8. the total number of people who the sheriff’s department used force against, broken down by race/ethnicity, in 2022.
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.

Attached to this email are records responsive to your request in the form of Annual Use of Force (UOF) Reports, from 2019 to 2022.

For your awareness, we do not have any responsive records for 2017 and 2018 as this data was not required for the Otero County Sheriff's Office (OCSO) to collect, and track till 2019. Also, the OCSO does not have any responsive records pertaining to paragraph 1 - "correctional/custodial operations" as the OCSO does not have any authority over the Otero County Detention Center as it is it's own independent agency. Otero County is providing the records in the format that the records have been created in, as we are not to create records to satisfy a public records request as stated in statue 14-2-8 Procedure for requesting records (B) reads as follows:

B. Nothing in the Inspection of Public Records Act shall be construed to require a public body to create a public record.

Upon the receipt of this email and the attached records this will conclude your IRPA request with Otero County. If you have any concerns or questions pertaining to this request, please contact me via email or by phone at the number provided below. Thank you for your time.
Best Regards,
Jaye