BPD Officer Badge Numbers

Dan Staples filed this request with the Baltimore Police Department of Baltimore, MD.
Tracking #

MPIA 18 1003

Est. Completion None
Status
Fix Required

Communications

From: Dan Staples

To Whom It May Concern:

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

I am requesting for every sworn Baltimore City Police Officer, in a machine readable format (in an Excel speadsheet would be fine), as of, or as close to, August 15, 2018:

- Unique sequence number
- Current badge number

These records should be kept by the Quartermaster's office.

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, as the statute requires. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. If you determine that some portions of the requested records are exempt from disclosure, please provide me with the portions that can be disclosed.

Sincerely,

Dan Staples

From: Baltimore Police Department

Dear Mr. Dan Staples:

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 18-1003 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>.

Respectfully,

Officer Kenneth Hurst I411
Baltimore Police Department
Document Compliance Unit
Legal Affairs Division
100 N Holiday St., Room 100,
Baltimore, MD 21202
DCU@baltimorepolice.org<mailto:DCU@baltimorepolice.org>
MPIA request forms
http://law.baltimorecity.gov/office-legal-affairs-baltimore-police-department

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 have sent this request to the proper unit.

I was advised that Wayne Brooks might have the information in his data base already.

Problem is Wayne will not be back in the office until 11 September 18.

Can you hold off until after that?

Thank you

Respectfully,

Officer Kenneth Hurst I411
Baltimore Police Department
Document Compliance Unit
Legal Affairs Division
242 W. 29th Street
Baltimore, MD 21211
DCU@baltimorepolice.org<mailto:DCU@baltimorepolice.org>
MPIA request forms
http://law.baltimorecity.gov/office-legal-affairs-baltimore-police-department

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: Dan Staples

I would prefer to get the most up-to-date document from the HR department, as I would guess the copy in Wayne Brook's database is an older version from a previous MPIA request I made in May. Would that be possible?

thanks,
Dan

From: Dan Staples

Sorry in my last email I meant to say I would prefer to get an up-to-date list from the Quartermaster's office, which I was told is where badge numbers are recorded.

thanks,
Dan

From: Baltimore Police Department

Good Morning:

I have sent out the request to the proper point of contact.
I am just waiting to hear back from them. The other Officer I work with is actually going to check on tjis request today.

Sorry it is taking so long.

Thank you

Respectfully,

Officer Kenneth Hurst I411
Baltimore Police Department
Document Compliance Unit
Legal Affairs Division
242 W. 29th Street
Baltimore, MD 21211
DCU@baltimorepolice.org<mailto:DCU@baltimorepolice.org>
MPIA request forms
http://law.baltimorecity.gov/office-legal-affairs-baltimore-police-department

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: Dan Staples

Hi, is there any update on this?

From: Dan Staples

Hi,

This request is now over two months old. Can I please get an explanation for the delay?

thanks,
Dan

From: Dan Staples

Hi,

Can I please get an estimate on when I can expect to receive the documents I requested, or a reason for the delay? This request is over 2 months old. If I do not receive a reply within 3 business days I plan to request mediation with the Public Access Ombudsman.

thanks,
Dan

From: Baltimore Police Department

[cid:image003.png@01D480A4.E48FD3D0]
20 November, 2018

MuckRock News
DEPT MR 59518
41 IA Highland Ave
Somerville, MA 02144-2516

MPIA Request

Good morning Dan Staples,

You have made a request for public records pursuant to the Maryland Public Information Act (MPIA), which is the General Provisions Article, § 4-101, et seq., of the Annotated Code of Maryland. You have requested for every sworn Baltimore City Police Officer's unique sequence number and current badge number.

In 2017 the BPD release to you a list of officers' names and badge numbers that Det. Mario Notargiacomo of the Office of Homeland Security was compiling as he renewed officers' Photo ID cards. Det. Notargiacomo retired before he could complete the list. Because this was a task he took upon himself to do the next employee assigned to make Photo ID cards did not continue.

Det. David Conner of this office has been in contact with the Quartermaster. The Quartermaster would be the official custodian of officers' badge numbers. The list of BPD 1000's badge numbers and the officers assigned to them are on index cards in file cabinets. To transfer them to a spread sheet would take an estimate of 120 hours of staff time and would have to be done on overtime so not to disrupt the normal duties of the Quartermaster and would also require the BPD to create a separate and new records in which the BPD is not obligated to do. If the BPD were to create the records the cost would be about $6000 on straight time and $9000 on over time. As the BPD pointed out in 2017 to you, the BPD does not use badge numbers to identify officers. [Badge numbers are not on any police reports]. There are a few duplicate badge numbers assigned to officers. Badges and the numbers can change if for example the badge is lost. The BPD uses Sequence numbers (Seq. #). Each Seq. # is a unique identifier for the officer. Seq. # are used throughout the officer's career and do not change.

Therefor the Baltimore City Police Department is unable to provide an undated Police Officer Badge List. To create a list would require that the Baltimore City Police Department create new records and that would be unduly burdensome. The PIA does not impose an obligation on a custodian to create a document that is responsive to a request. See MPIA Manual 14th Ed., October 2015, 3-44 (citing Yeager v. DEA, 678 F.2d 315, 324 (D.C. Cir. 1982)) ("[City] has no obligation to create records to satisfy a[n] [M]PIA request."); see also MacPhail v. Comptroller of Maryland, 178 Md. App. 115, 119 (2008) (explaining that pertinent Federal Freedom of Information Act ("FOIA") cases are "persuasive" authority in Maryland because the MPIA and the FOIA share "virtually identical" purposes."). To refresh your memory, a partial list was provided in May 2017.

You have a right under the Public Information Act for the Public Access Ombudsman to mediate any disputes arising out of a MPIA request or a judicial review pursuant to General Provisions Article §§ 4-1B-04, 4-362. Please refer to tracking # MPIA 18 1003 in any subsequent correspondence in this matter.

Sincerely,

On behalf of Chief Matthew Jablow
Chief of Strategic Communications
242 W. 29th Street
Baltimore Maryland, 21211
DCU@baltimorepolice.org<mailto:DCU@baltimorepolice.org>
MPIA request forms
http://law.baltimorecity.gov/office-legal-affairs-baltimore-police-department

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