Sheriff Data Collection Request (2021)

Samuel Sinyangwe filed this request with the Sheriff's Office of Boone County, KY.
Status
Rejected

Communications

From: Samuel Sinyangwe

To Whom It May Concern:

Pursuant to the Kentucky Open Records Act, I hereby request the following records:

1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.

6. the total number of officer involved shootings in 2021, both fatal and non-fatal.

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 3 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

From: Sheriff's Office

Mr. Sinyangwe,

I am in receipt of your open records request dated September 11, 2022 and received in my office on September 12, 2022. Pursuant to KRS 61.870 - 61.884, I am responding to your request within five (5) business days.

In your request, you asked for 1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations. 2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021. 3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021. 4. The total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021. 5. The total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021. 6. The total number of officer involved shootings in 2021, both fatal and non-fatal. 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.

I am compelled to deny your request pursuant to KRS 61.872 (2) Any resident of the Commonwealth shall have the right to inspect public records. The official custodian may require a written application, signed by the applicant and with his or her name printed legibly on the application, describing the records to be inspected. The official custodian may require the applicant to provide a statement in the written application of the manner in which the applicant is a resident of the Commonwealth under KRS 61.870(10) (a) to (f).

KRS 61.870 (10) "Resident of the Commonwealth" means: (a) An individual residing in the Commonwealth; (b) A domestic business entity with a location in the Commonwealth; (c) A foreign business entity registered with the Secretary of State; (d) An individual that is employed and works at a location or locations within the Commonwealth; (e) An individual or business entity that owns real property within the Commonwealth; (f) Any individual or business entity that has been authorized to act on behalf of an individual or business entity defined in paragraphs (a) to (e) of this subsection; or (g) A news-gathering organization as defined in KRS 189.635(8)(b)1.a. to e..

The address listed in the request for MuckRock News is 263 Huntington Ave., Boston, MA 02115. There is no statement affiliated with your request which satisfies the statutory definition of Resident of the Commonwealth. If you believe that MuckRock News meets the statutory definition of a Resident of the Commonwealth, then please submit a new request with a statement pursuant to KRS 61.872 (2). Furthermore, if you believe that MuckRock News meets the statutory provisions set forth in KRS 189.6356 (8)(b)1.a. to e, then please submit a new request with the signed News Gathering Organization Certification (attached).

You may contact me directly should you have any questions.

Major Philip Ridgell
Public Information Officer

Boone County Sheriff's Office
3000 Conrad Lane, Burlington, Kentucky 41005

Email: pridgell@boonecountyky.org<mailto:pridgell@boonecountyky.org> Phone: 859.334.4810
www.boonecountykysheriff.com<http://www.boonecountykysheriff.com/>

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