Use of force (response to resistance) guidance, policies, and data (Burrillville Police Department)
| Multi Request | Use of force (response to resistance) guidance, policies, and data |
| Submitted | July 29, 2020 |
| Est. Completion | Sept. 9, 2020 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the Rhode Island Access to Public Records Act, I hereby request the following records related to this agency's policies on and reporting of uses of force and responses to resistance:
• Policies.
Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.
Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.
Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.
Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.
• Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.
• Forms, coding descriptions, and other guidance.
All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
• Use of Force Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Incident details: incident or other unique identification number for the use of force incident
Type of force details: a description of each type of force used
Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras
Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.
• Discharge Report Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Incident description and details
Tool or weapon used, including any unique identifier or identification number
Number of discharges
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Type of force details: a description of each type of force used
Disposition or status of any investigation or follow-up review of the incident
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.
If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.
If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.
This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed. There is no commercial interest in the submission of this request or the release of these records.
In the event that there are fees appropriately assessed in association with this request, 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 business days, as the statute requires.
Sincerely,
Beryl Lipton
From:
Attention: Beryl Lipton
Dear Ms. Lipton:
Please be advised that your July 29 request for various records relating to
the department's policies regarding use of force and reports of use of force
(to summarize the lengthy request) has been received (July 29, 2020).
The request will be reviewed compliance / answer will take additional time
beyond the 10 days set by statute.
Due to the potentially voluminous nature of your request, we are putting you
on notice that, pursuant to R.I.G.L. 38-2-3, we are extending the time in
which to answer by an additional 20 business days.
Additionally, pursuant to Governor Raimondo's Executive Orders (Order 20-5
et seq), we are notifying you that should circumstances arise wherein COVID
is implicated in any delay, that we are entitled to an additional 20
business days in which to respond.
However, we will do our best to respond within the 30 days allowed under
Title 38, Chapter 2, by September 9, the 30th business day following the
receipt of the request.
Thank you for your consideration in this matter.
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
From:
Ms. Lipton:
I am re-reviewing your request and have one response - or clarification -
for now.
I understand that you are compiling use of force statistics, particularly in
light of Mr. Floyd's death.
One of the categories is discharge of a firearm.
I will note now, that but for being compelled to put a deer hit by a car out
of its misery, or a fox.perhaps with rabies, there are no firearm discharges
in the Town of Burrillville for the relevant years (or any year that I have
been involved as solicitor [since 2015].
Can I assume, considering the focus of your investigation, that you are not
interested in such events?
I don't believe either of us wants to waste time on such things and your
requests are specific enough (asking for injuries - weapons used by the
suspect etc.) to draw the reasonable inference that you are not interested
in incidents involving animals.
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
From: Burrillville Police Department
Dear Ms. Lipton:
I have been provided the relevant documents regarding your APRA request of
July 29.
The total number of pages is 166 - at 15 cents per page for a total copying
cost of $24.90.
Additionally, I anticipate 2 - 3 hours, more or less, to conduct a review
for redaction and a determination as to whether any of those records are
exempt from APRA.
Although I am waiting for confirmation from the department as to time spent
in gathering and organizing the documents, my estimate is another 2 hours (I
will confirm).
The first hour is "free."
My best estimate at this time is 5 hours ($15.00 per hour allowable under
the statute), less 1 hour for 4 hours.
Total anticipated cost is $84.90.
Please advise.
Thank you.
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
From: Burrillville Police Department
Ms. Lipton:
I have received more information from BPD.
We had two officers working on the project - with each expending 2 hours.
I, again, anticipate, 2 hours, more or less, to go through the documents and
respond.
That would bring the total to 6 hours, less 1 for 5 billable hours ($75.00)
plus the $24.90 in copying.
Total - $99.70.
Please confirm that you want the documents.
Checks should made payable to the Burrillville Police Department.
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
From: Burrillville Police Department
Please be advised that I am waiting confirmation that you want the records
requested.
Your request asked for an estimate of costs before responding - which were
provided last week (see below).
We are more than ready and willing to respond appropriately but await your
assent to the costs outlined (as requested).
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
From: Burrillville Police Department
Good morning:
Once again I am writing relative to your request for records of the
Burrillville Police Department.
I am awaiting your response relative to the request after having, as
requested initially, providing a cost estimate for the records.
Please advise.
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
From: Burrillville Police Department
Good afternoon:
I am, again, writing as Solicitor for the Town of Burrillville.
I have in my possession the documents requested pursuant to APRA.
However, your request asks for the estimated cost of producing those
documents.
I have attempted to gain a response from you about whether the cost is
acceptable and you are willing to pay same on 4 occasions (see below).
Please advise immediately so that we can either 1) respond to your request;
or 2) note that it has been withdrawn by you.
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
From: Burrillville Police Department
Good afternoon:
I am following up on my earlier email because I may not have been clear in
the prior responses.
The Town of Burrillville, Burrillville Police Department, requires
pre-payment for your APRA request. Failure to respond or make pre-payment,
tolls the time frame under APRA (see 38-2-7(b)).
We are not prepared or willing to waive payment in this matter.
I await your response and again, stress that we are ready to respond upon
payment being received.
If you have decided withdraw your request, a courtesy response would be
appreciated.
William C. Dimitri, Esq.
462 Broadway
Providence, RI 02909
401-273-9092
401-331-1898 - Fax
Files
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