|Submitted||June 28, 2015|
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To Whom It May Concern:
Pursuant to Maryland's Public Information Act ("PIA"), I hereby request the following records:
All citizen complaints filed to the Internal Affairs Division through Jan. 1, 2013 through June 28, 2015 regarding Baltimore Police Department officers urinating or defecating on the property of complainants. This request includes but is not limited to complaints that include "defecate," "defecation," "crap," "shit," "poop," "urinate," and "piss."
This request includes emails to email@example.com, and complaints filed through phone or in person to IAD or at police stations.
Please note that the fact that some portions of a particular record may be exempt from disclosure does not mean that the entire record may be withheld. Blythe v. State, 161 Md. App. 492, 519, 870 A.2d 1246, cert. granted, 388 Md. 97, 879 A.2d 42 (2005); see also PIA Manual, at 52.
If some portions of the record are exempt — personally identifiable information of citizens, for example — please segregate the exempt portions, providing a receipt of the exemptions relied upon, and provide the rest of the documents.
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 fees cannot be waived, 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 30 business days, as the statute requires.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 28, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
See BPD Attorney Brent Schubert's response to your records request.
August 11, 2015
Re: Maryland Public Information Act Request
The Office of Legal Affairs for the Baltimore Police Department ("BPD") is in receipt of your follow up correspondence sent to the Media Relations Section on August 10, 2015 concerning a MPIA request submitted on June 28, 2015. You are requesting: ("All citizen complaints filed to the Internal Affairs Division through Jan. 1, 2013 through June 28, 2015 regarding Baltimore Police Department officers urinating or defecating on the property of complainants. This request includes but is not limited to complaints that include "defecate," "defecation," "crap," "shit," "poop," "urinate," and "piss."). The Maryland Public Information Act ("MPIA"), Annotated Code of Maryland, General Provisions Article, § 4-101, et seq. governs your request.
This Office contacted the Custodian of Records at the Internal Affairs Division for the purposes of determining if BPD was in possession of records responsive to your request. The Custodian advised that it is not in possession of any records responsive to the above request. Therefore, at this time, there are no BPD records responsive to your request.
Nothing in this response is intended to indicate that any records sought from the BPD exist or to waive any privileges held by the BPD. You may contest this response by filing a complaint for Judicial Review in Circuit Court pursuant to MPIA Section 4-362.
Please refer to tracking # MPIA 15 393 in any subsequent correspondence in this matter.
Brent D. Schubert
Assistant City Solicitor
Legal Affairs Division
Baltimore Police Department
100 N. Holliday Street
Baltimore, Maryland 21202
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