Internal Investigations - BPD, AACPD, NYPD (Baltimore Police Department)

Dear Ms. Emily Crose:

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 20-1183 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>.

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.

Good Morning:

I received the requested material. It is in the process of being reviewed for release.

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.

Date September 8, 2020

Emily Crose
MuckRock News DEPT MR
97958 411A Highland Ave
Somerville, MA 02144-2516
requests@muckrock.com<mailto:requests@muckrock.com>

Re: Internal Investigations Conducted On Badge-Holding Law Enforcement Officers

Dear Ms. Crose,

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, "Departmental documentation on internal investigations conducted on Badge-holding Law Enforcement Officers between the dates of 1 January, 2019 and the date of receipt of this request". The Commanding Officer of the Public Integrity Bureau is the Custodian of the records you are requesting.

General Provisions Article Section 4-301 of the Maryland Annotated Code is clear that if a Maryland Rule or State or Federal statute requires that records be kept confidential, then BPD as the custodian of such a record must withhold it from public inspection or disclosure. After a review of the records the Custodian of Records for the Public Integrity Bureau has provided the Document Compliance officer it was determined that a portion of the records were not disclosable. Records of an internal investigation pertaining to the alleged violation of administrative rules are "personnel records" pursuant to MD. CODE ANN., GENERAL PROVISIONS, § 4-311, therefore, cannot be disclosed under the Maryland Public Information Act laws.

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.

Because neither I nor any employee of Legal Affairs is the Custodian of Records of the records you requested, I have no personal knowledge of the existence of any documents with the exception of those forwarded to Legal Affairs. Please refer to Tracking Number # MPIA 20 1183 in any subsequent correspondence in this matter.

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.