BPD Active Employees List 2020/12/1

Open Justice Baltimore filed this request with the Baltimore Police Department of Baltimore, MD.
Tracking #

MPIA 20 2293

Due Aug. 30, 2021
Est. Completion None
Status
Awaiting Response

Communications

From: Open Justice Baltimore


To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I hereby request the following records:

I am requesting the list of all active employees of the Baltimore City Police Department, as of December 1, 2020 or as close as possible. These records are kept by the BPD Human Resources department and should contain the following fields:

- Sequence number
- Employee ID number
- First name
- Middle name
- Last name
- Suffix
- Ethnic group
- Sex
- Age or year of birth
- Service date
- Rehire Date
- Promotion Date
- Job Code
- Job Title
- Supervisor ID
- Position number
- Grade
- GL Pay Type
- Locality

To be clear, I do not want the payroll data that is on Open Baltimore (data.baltimorecity.gov), as that data does not contain all the fields I am requesting and is only updated once per year.

For examples of the document I am requesting, you can see my previous MPIA requests to BPD:
https://www.muckrock.com/foi/baltimore-315/bpd-active-employees-list-202061-93985/
https://www.muckrock.com/foi/baltimore-315/bpd-active-employees-list-78217/
https://www.muckrock.com/foi/baltimore-315/bpd-active-employees-list-59519/
https://www.muckrock.com/foi/baltimore-315/bpd-officer-records-52459/

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 10 calendar days, as the statute requires.

Sincerely,

Open Justice Baltimore

From: Baltimore Police Department

Dear Open Justice Baltimore:

This is an acknowledgement of your request below, for public information, submitted to the Document Compliance Unit ("DCU") of the Baltimore Police Department ("BPD"). Your request is governed by the Maryland Public Information Act ("PIA"), Maryland Code, General Provisions Article ("GP"), Sections 4-101 et seq. DCU will process your request promptly. However, our response may take longer than ten (10) working days, the reasons for which may include the scope of your request, the type and volume of potentially responsive records, and the nature of the search, review, and preparation that is required. In any event, DCU will respond to your request within thirty (30) days. GP § 4-203.

DCU will contact you with the availability of records and the possible costs associated with this request, as soon as the information is made available by the Custodian of Records. Likewise, if DCU and/or the Custodian of Records need you to clarify your request, DCU will contact you promptly.

Please refer to tracking # MPIA 20-2293 in any subsequent correspondence pertaining to this matter. All follow up correspondence should be made in writing and submitted to the DCU's e-mail: DCU@baltimorepolice.org<mailto:DCU@baltimorepolice.org>.

Please understand that because of COVID-19, the Baltimore Police Department, Document Compliance Unit ("DCU") is working under a state of emergency and mandated to work remotely. DCU will work diligently to respond to your request as quickly as possible. Please note responses to document request may take longer than normal.

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Baltimore Police Department

Good Morning:

An Acknowledgement letter was sent on December 17, 2020. The process has been started to gather the information requested.

Thank you

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Baltimore Police Department

Good Morning:

I’m waiting for the information requested to be forwarded to me.

Thank you

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Baltimore Police Department

Good Morning:

Sorry for the delay in this matter. I sent a 2nd request to HR to gather the information.

Thank you

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Baltimore Police Department

Good Morning:

I received the information requested. I’m waiting on the review by the para-legal to approve for release after redactions have been done.

Thank you so much for your patience.

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Baltimore Police Department

Good Morning:

Sorry for the delay. I’m waiting on the para legal to finish, we are a little behind.

Thank you

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Baltimore Police Department

Good Morning:

In reference to your request please see the attached Response letter.

Thank you

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Open Justice Baltimore

Good morning,

We object to your ability to deny disclosure of undercover officer names. However, at this time we will accept a list without those names, reserving our right to compel all names at a future date.

There is no reason or exemption that the entire list of officer names, redacting only undercover officers, cannot be provided. A custodian must work with a requestor to disclose what is available; a custodian bears an active responsibility in a request. Inherent in this responsibility is the duty of severability, part of a record cannot be denied solely because another part or file in the record is exempt. Your unwillingness to conduct a severability review is in direct violation of the Public Information Act.

The PIA “requires agencies to utilize the principle of severability in responding to requests for public records”.Cranford v. Montgomery Cty., 300 Md. 759, 774 (1984). Further, the PIA requires that a record's custodian “make a careful and thoughtful examination of each document which fairly falls within the scope of the request in order for the custodian initially to determine whether the document or any severable portion of the document meets all of the elements of an exemption.” Id. A court may assess fees and damages in turn. Id.

“Even when one or more of the statutory exemptions from disclosure is clearly involved, the MPIA's strong bias in favor of disclosure dictates that the exemptions from disclosure must be applied narrowly. ... the exemption may not be blanketly invoked to shield an entire file if the shielding of only a part of the file would suffice to serve the purpose of the exemption.” Blythe v. State, 161 Md. App. 492, 519 (2005).

“It is part of every agency's mission to be as transparent as the State's sunshine laws, including the PIA, require it to be. A public records request is not an occasion for a game of hide and seek.” Glass v. Anne Arundel Cty., 453 Md. 201, 232–33 (2017).

We ask for immediate disclosure of the requested list with redaction of only the undercover names, if you maintain the names to be exempt. This would include the number of redactions, citing how many officer names are being redacted.

As this disclosure is well past its due date, and we have only seen a disregard of timelines from your office in the past, we request this disclosure be made without delay.

We ask for your cooperation in this matter as this list is clearly disclosable under the law and we wish to avoid unnecessary litigation, with accompanying time and costs for which we will seek compensation by statutory right.

I look forward to your prompt response. Please do not hesitate to contact me with any questions or to further discuss this matter.

best,
Dan Staples
Open Justice Baltimore

From: Baltimore Police Department

This is the response in just got back for MPIA 20 2293

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Open Justice Baltimore

Hi,

Can you please let me know when I can expect to receive the records?

thanks,
Dan Staples
Open Justice Baltimore

From: Open Justice Baltimore

Hi,

Can you please let me know when I can expect to receive the records?

thanks,
Dan Staples
Open Justice Baltimore

From: Baltimore Police Department

Good Morning:

We are referring you to Open Baltimore since that is updated yearly. While a more recent list might better reflect current additions or deletions to the department, letting out separate
lists from that on Open Baltimore risks undercover officers being uncovered.

Thank you

Ken Hurst
Contract Specialist
Baltimore Police Department
Office of Legal Affairs
Document Compliance Unit
410-637-8684

CONFIDENTIALITY NOTICE: The information contained in or attached to this e-mail message may be a privileged and confidential attorney/client communication, or otherwise confidential, and is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Legal Affairs Division immediately by telephone at 410-396-2496 and DELETE the message from your system immediately.

The materials in this e-mail are private and may contain sensitive law enforcement information. Please note that e-mail is not necessarily confidential or secure. Use of e-mail constitutes your acknowledgment of these confidentiality and security limitations. If you are not the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited as covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. If you have received this e-mail in error, please immediately notify the sender via telephone or return e-mail.

From: Open Justice Baltimore

Hi Ken,

As I mentioned in a previous email, that is not an acceptable substitute for the records we are requesting. We have received this exact same document from the department in four previous MPIA requests. If you will not release the documents we are requesting we will be forced to pursue litigation. I will quote my previous email which details our objection to your denial of our request:

"We object to your ability to deny disclosure of undercover officer names. However, at this time we will accept a list without those names, reserving our right to compel all names at a future date.

There is no reason or exemption that the entire list of officer names, redacting only undercover officers, cannot be provided. A custodian must work with a requestor to disclose what is available; a custodian bears an active responsibility in a request. Inherent in this responsibility is the duty of severability, part of a record cannot be denied solely because another part or file in the record is exempt. Your unwillingness to conduct a severability review is in direct violation of the Public Information Act.

The PIA “requires agencies to utilize the principle of severability in responding to requests for public records”.Cranford v. Montgomery Cty., 300 Md. 759, 774 (1984). Further, the PIA requires that a record's custodian “make a careful and thoughtful examination of each document which fairly falls within the scope of the request in order for the custodian initially to determine whether the document or any severable portion of the document meets all of the elements of an exemption.” Id. A court may assess fees and damages in turn. Id.

“Even when one or more of the statutory exemptions from disclosure is clearly involved, the MPIA's strong bias in favor of disclosure dictates that the exemptions from disclosure must be applied narrowly. ... the exemption may not be blanketly invoked to shield an entire file if the shielding of only a part of the file would suffice to serve the purpose of the exemption.” Blythe v. State, 161 Md. App. 492, 519 (2005).

“It is part of every agency's mission to be as transparent as the State's sunshine laws, including the PIA, require it to be. A public records request is not an occasion for a game of hide and seek.” Glass v. Anne Arundel Cty., 453 Md. 201, 232–33 (2017).

We ask for immediate disclosure of the requested list with redaction of only the undercover names, if you maintain the names to be exempt. This would include the number of redactions, citing how many officer names are being redacted.

As this disclosure is well past its due date, and we have only seen a disregard of timelines from your office in the past, we request this disclosure be made without delay.

We ask for your cooperation in this matter as this list is clearly disclosable under the law and we wish to avoid unnecessary litigation, with accompanying time and costs for which we will seek compensation by statutory right.

I look forward to your prompt response. Please do not hesitate to contact me with any questions or to further discuss this matter."

best,
Dan Staples
Open Justice Baltimore

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