Sheriff Data Collection Request (2021)
| Submitted | Oct. 28, 2022 |
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Communications
From: Samuel Sinyangwe
To Whom It May Concern:
Pursuant to the Colorado 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: Muckrock Staff
Hello,
Please find the request form attached. Thank you for your help with this request.
Sincerely,
MuckRock
From: Boulder County Sheriff's Office
Hi there!
Your request has been printed and logged for processing. Requests are processed in the order received.
Thank you!
Beverly
Sheriff Records Technicians
Records Department
Boulder County Sheriff’s Office
5600 Flatiron Parkway
Boulder, CO 80301
PH: 303-441-3600
FX: 720-564-2674
Email: sheriffrecords@bouldercounty.org<mailto:sheriffrecords@bouldercounty.org>
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From: Boulder County Sheriff's Office
Good morning!
There was nothing attached, please fill out the enclosed form and return it at your earliest convenience. Thank you.
Beverly Vella #1683
Law Enforcement Technician I
Boulder County Sheriff's Office Records Division
5600 Flatiron Parkway
Boulder, CO 80301
303-441-3600
bvella@bouldercounty.org<mailto:bvella@bouldercounty.org>
Hours: Monday-Wednesday, Friday 07:00-17:00
Thursday - Out of Office
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New: Boulder County has a new website: BoulderCounty.gov<https://bouldercounty.gov/>!
Bookmark it today.
Email addresses will transition at a later date.
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From: Boulder County Sheriff's Office
Mr. Sinyangwe,
The Boulder County Sheriff's Office has reviewed your request and is working to prepare a response.
Your request states that it is made pursuant to the Colorado Open Records Act, CRS 24-72-201 et seq. (CORA). However, our office has determined that the Colorado Criminal Justice Records Act, CRS 24-72-301 et seq., governs this request for criminal justice records.
Can you please specify which, if any, of the requested records you believe to be governed by CORA instead of the CCJRA?
CORA requests are handled separately through the Boulder County Open Records Center<https://bouldercountyco.govqa.us/WEBAPP/_rs/(S(oalh55sebusdbkw3knkjbhhw))/supporthome.aspx>.
Thank you,
Kate Haywood
Senior Assistant County Attorney
Boulder County Attorney's Office
From: Boulder County Sheriff's Office
Mr. Sinyangwe,
Much of the information you are seeking is publicly available on the following web pages:
* BCSO Internal Investigations Summary for 2021: https://assets.bouldercounty.gov/wp-content/uploads/2020/06/sheriff-internal-investigations-report.pdf
* Summary of Use of Force Data, BCSO Jail Division: https://assets.bouldercounty.gov/wp-content/uploads/2020/12/jail-use-of-force-summary.pdf
* Report of Officer Involved Shootings in Colorado: January 1, 2010 – June 30, 2020, Colorado Division of Justice: https://cdpsdocs.state.co.us/ors/docs/reports/2021-Officer_Involved_Shooting-Rpt.pdf
No record exists that includes all of the requested use of force information. If you are interested in receiving all records that include any of the requested use of force information, it will take the BCSO approximately 1 hour to identify all such records and prepare a time estimate for their review and redaction. The BCSO charges $30 per hour responding to records requests and has exhausted the first free hour responding to this request. Please remit a deposit in the amount of $30 to receive a time estimate and any additional deposit amount for all records that include any of the requested use of force information. You are also welcome to narrow or otherwise modify your request.
Please let us know if you need anything else.
Rosemary Horton
Records Manager & CCIC Coordinator
Boulder County Sheriff's Office
5600 Flatiron Parkway
Boulder, CO 80301
Office phone: 303-441-3604
rhorton@bouldercounty.org<mailto:rhorton@bouldercounty.org>
New: Boulder County has a new website: BoulderCounty.gov! Bookmark it today. Email addresses will transition at a later date.
The following e-mail and attachments (if any) contain information that is CONFIDENTIAL, is FOR LAW ENFORCEMENT USE ONLY, and may constitute NON-PUBLIC INFORMATION. It is intended to be conveyed only to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender at (303) 441-4799. UNAUTHORIZED USE, DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS MESSAGE AND ATTACHMENTS (IF ANY) IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL
From: Samuel Sinyangwe
Hi, yes please provide the info on the remaining use of force incidents. I’ll pay the associated fees to obtain this info.
Thanks,
Sam
From: Boulder County Sheriff's Office
Sam,
In your letter, you “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.”
The BCSO does not have a record, or identified set of records, that satisfies your request. The information requested is captured across many records of various types. The BCSO and its 500+ employees likely possess an overwhelming amount of records from January 1, 2021 through the present that reference “use of force”. We recommend narrowing your search to more specifically identify the records that you wish to receive to meet the intended purpose while managing your costs.
Upon receipt of your $30 deposit, the BCSO will conduct electronic searches and consult with staff to identify potentially responsive records. The BCSO will then provide, to the best of its ability, an updated time estimate for staff to identify, retrieve, review, and redact responsive records. Please note that the BCSO charges $30/hour responding to open records request and your first free hour has already been exhausted.
Please submit payment via the website at
https://www.colorado.gov/apps/payport/online/selectServiceType.jsf
(Please note the amount defaults to .01, you will need to enter the amount listed above).
If the above link is not working, here is an alternate way.
Records Request Payment process: www.bouldersheriff.org<http://www.bouldersheriff.org> – Scroll to the green bar near the bottom of the page. Click on “Online Payments”, then “Record(s)/Body Worn Camera Footage”. On the next page click “Pay your bill”. It will take you to our 3rd party payment processing through the State of Colorado. Please send your payment receipt to me directly at bvella@bouldercounty.org<mailto:bvella@bouldercounty.org>
Once payment is complete, please forward me a copy of your receipt and the records you requested will be provided.
If you prefer you can pay in person or via mail at 5600 Flatiron Parkway, Boulder, CO 80301 (if sending payment via mail please put it to my attention).
Rosemary Horton
BCSO Records Manager
From: Samuel Sinyangwe
To Whom It May Concern:
Please find enclosed a check for $30.00 to satisfy the fee associated with the attached public records request.
Thank you.
Boulder County Sheriff's Office
Rosemary Horton
5600 Flatiron Parkway
Boulder, CO 80301
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Colorado Open Records Act request, copied below, and originally submitted on Oct. 28, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Boulder County Sheriff's Office
Sam,
I received your $30 deposit. Staff is working on getting you an approximate time estimate. I will get back to you as soon as I have the information.
Rosemary Horton
Records Manager
Boulder County Sheriff’s Office
5600 Flatiron Pkwy
Boulder, CO 80301
303-441-3604
Sent from my iPhone
From: Boulder County Sheriff's Office
Sam,
After meeting with staff I have more information regarding records that contain the requested use of force information.
Use of force reporting is governed by BCSO Policy #502, Use of Force, Section VIII. BCSO policies are publicly available at https://bouldercounty.gov/safety/sheriff/#policies. As stated therein, any deputy who uses force as defined must report such use of force to their supervisor as soon as practical. Specifically, each deputy that uses force must complete and submit a Use of Force Form before the end of their shift.
Events that require use of force often involve more than one deputy due to the dangerous circumstances that give rise to the need to use force. Accordingly, a single use of force incident is often documented by numerous Use of Force Forms.
Upon review, the information contained in Use of Force Forms is transferred to an Excel spreadsheet. Due to a recent records management system (RMS) conversion, the BCSO currently has two spreadsheets documenting this information.
The requested use of force information is captured across three sets of BCSO records:
* Pre-RMS conversion spreadsheet
* Post-RMS conversion spreadsheet
* Use of Force Forms (pending uploading to Post-RMS conversion spreadsheet)
Due to the volume and sensitive nature of these records, it will take approximately 44 staff hours to pull, review, and redact the records necessary for disclosure. To receive these records, the BCSO requires a deposit of $1,320. Payment can be made using the same instructions from my prior email, which I can resend if needed.
Given the public interest in this information, as a courtesy the BCSO is willing to review its records for the following data:
* Number of use of force incidents in 2021
* Number of use of force incidents in 2021 – Operations Division
* Number of use of force incidents in 2021 – Jail Division
* Type of force used in each use of force incident in 2021
Staff have already begun this review and I will share the figures when available. Please let me know if you have questions or need anything else.
Regards,
Rosemary Horton
Records Manager & CCIC Coordinator
Boulder County Sheriff's Office
5600 Flatiron Parkway
Boulder, CO 80301
Office phone: 303-441-3604
rhorton@bouldercounty.org<mailto:rhorton@bouldercounty.org>
New: Boulder County has a new website: BoulderCounty.gov! Bookmark it today. Email addresses will transition at a later date.
The following e-mail and attachments (if any) contain information that is CONFIDENTIAL, is FOR LAW ENFORCEMENT USE ONLY, and may constitute NON-PUBLIC INFORMATION. It is intended to be conveyed only to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender at (303) 441-4799. UNAUTHORIZED USE, DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS MESSAGE AND ATTACHMENTS (IF ANY) IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL
From: Boulder County Sheriff's Office
Sam,
The Commander for the BCSO Personnel & Training Unit reviewed available records to calculate the requested use of force data. The results were:
* 2021 Use of Force (UOF) Incidents: 519
* Operations Division: 120
* Jail Division: 399
* Of the 519 incidents, each type of force was used the following number of times (Note: One incident can involve multiple types of force):
* Control Holds: 345
* Strikes/Kicks: 27
* OC Spray Threatened: 0
* OC Spray Used: 0
* Vehicle Used as a Weapon: 0
* K9 Threatened: 6
* K9 Used: 1
* Impact Weapon Threatened: 6
* Impact Weapon Used: 1
* Taser Threatened: 43
* Taser Used: 11
* Firearm Threatened: 70
* Firearm Used: 0
* Restraint Chair Used: 30
* Wrap Restraint Used: 10
* Stun Shield Threatened: 0
* Stun Shield Used: 1
* “Flashbang” Device Used: 0
* Chemical Munitions Threatened: 0
* Chemical Munitions Used: 0
* Explosive Breach Used: 0
Please let us know if you need anything else.
Regards,
Rosemary Horton
Records Manager & CCIC Coordinator
Boulder County Sheriff's Office
5600 Flatiron Parkway
Boulder, CO 80301
Office phone: 303-441-3604
rhorton@bouldercounty.org<mailto:rhorton@bouldercounty.org>
New: Boulder County has a new website: BoulderCounty.gov! Bookmark it today. Email addresses will transition at a later date.
The following e-mail and attachments (if any) contain information that is CONFIDENTIAL, is FOR LAW ENFORCEMENT USE ONLY, and may constitute NON-PUBLIC INFORMATION. It is intended to be conveyed only to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender at (303) 441-4799. UNAUTHORIZED USE, DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS MESSAGE AND ATTACHMENTS (IF ANY) IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL
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