More than a certain number of complaints

Brandon Smith filed this request with the Chicago Police Department of Chicago, IL .
Tracking #

P459113

Status
Completed

Communications

From: Brandon Smith


To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

Documentation of any steps whatsoever, including any communications about these steps or their possibility, to re-evaluate officers who have more than a certain number of complaints filed against them—whether citizen complaints or internal ones. Please take this request to mean over the date range January 1, 2015 to the date of this request.

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 5 business days, as the statute requires.

Sincerely,

Brandon Smith

From: Chicago Police Department

Attached is the notice of recurrent requestor that was emailed to you on September 14, 2018 (the email confirmation is also attached), the notice lists this specific email. Please be advised that the time to respond to this request is extended to 21 days from the date of receipt of the request.

CPD FOIA Section

This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering that message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited.

From: Brandon Smith

Dear CPD FOIA staff:

In case you weren't aware, I am a journalist, have written about CPD for many publications, and continue to write about CPD for many publications. Please take a look at the full text of the language you cited, and please get back to me with an estimated date of completion.

(g) "Recurrent requester", as used in Section 3.2 of this Act, means a person that, in the 12 months immediately preceding the request, has submitted to the same public body (i) a minimum of 50 requests for records, (ii) a minimum of 15 requests for records within a 30-day period, or (iii) a minimum of 7 requests for records within a 7-day period. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods in this definition when the principal purpose of the requests is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education.

Best,
Brandon Smith

From: Brandon Smith

To whom it may concern:

Please take notice that I intend to utilize my full rights under the law to seek relief for unusually-delayed FOIA requests such as this one, sent to CPD on 9-12-18, wherein I ask for the following:

"Documentation of any steps whatsoever, including any communications about these steps or their possibility, to re-evaluate officers who have more than a certain number of complaints filed against them—whether citizen complaints or internal ones. Please take this request to mean over the date range January 1, 2015 to the date of this request."

CPD apparently classified me as a "recurring requester," which I appealed on 10-9-18 citing the Chicago code, but my appeal was not responded-to in regards to this request. In the letter from CPD dated 9-14-18, wherein CPD erroneously labels me a "recurring requester," CPD claims to have extended its own deadline to 21 days from the receipt of the request. Even if CPD had followed that extended date, CPD's deadline would have been 10-3-18. I write this email today, 11-16-18, without a single response to, or even acknowledgement of, this request, other than the "recurring requester" note.

Once again (the first time I asked this was 10-9-18), please provide me with an estimated date of completion for this specific request.

Sincerely,
Brandon Smith

From: Chicago Police Department

Dear Mr. Smith:

Attached is the response to your FOIA request.

Sincerely,

Cindy Lynch
Freedom of Information Officer
Chicago Police Department

________________________________
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or the person responsible for delivering this document to the intended recipient), you are hereby notified that any dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received this e-mail in error, please respond to the individual sending the message, and permanently delete the original and any copy of any e-mail and printout thereof.

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