Margo L. Royer DuBois Police Department (Clearfield Sheriff Department)

To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

John F. (Herm) Suplizio, City Manager is the Open Records Officer for the City of DuBois.

John F. (Herm) Suplizio, City Manager
City of DuBois
16 W. Scribner Avenue
PO Box 408
DuBois, PA 15801

By Email: herm.suplizio@duboispa.gov

(or) By Fax: (814)371-1290

FREEDOM OF INFORMATION ACT REQUEST
ROYER, MARGO L.

To Whom It May Concern:

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

1. All records created, sent, or received from 2010 to present, within the scope of Dubois Police Department and Clearfield County Sheriff Department on govt. property or hospital property (in regards to Mrs. Royer, Margo L. This also includes officers working security detail for the hospitals described above. All reports, investigations, text messages, chats, memos, email messages, evidence, statements, and every other record within the cited code section must be included. This involves all incidents involving all officers from both departments.

2. All video from in car camera systems, all radio recordings, all 911 or non emergency recorded phone calls placed or received during above time frame for Wynne Police Department.

3. Number, if any, of Body Worn Cameras owned by this department or agency, including the manufacturer and whether a data storage package has been provided by the manufacturer.

4. Any documents or correspondence during the period encompassing this request regarding possible or planned acquisition of Body Warn Cameras.

5. Any existing or proposed usage policies regarding the use of Body Worn Cameras including protocols, training documents, data storage procedures and prohibited activities.

6. Any current or past litigation involving or referencing this department or agency involving the use of Body Worn Cameras.

7. Complete Police Officer Handbook, Rules or Regulations from Dubois Police Department and Clearfield County Sheriff Department.

8. From 2010 to present, please provide all materials and records describing and sufficient to show/disclose all allegations of misconduct made and all disciplinary proceedings taken against any officer, employee, or representative of this policing agency.

As described in the Freedom of Information Law, a record is "any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes." Records kept in a digital or electronic form are also records, would be responsive to this request, and should be provided.

These records are typically required to be retained under the State Records Retention and Disposition Schedule. including, but not limited to, items such as "Investigative records and disciplinary proceedings, including but not limited to statement of charge, transcript of hearing, notice of decision, letter of termination or resignation, letter of reinstatement, record of appeal procedure, and correspondence." While materials under that schedule have a set retention of 3 years after the final decision rendered, this request and materials responsive to it include *all* records held in the possession of any office or individual employed or formerly employed by this policing agency, including those kept off-site, in digital form, and in personnel files.

Please note that any failure to provide all potentially-responsive materials and/or the destruction of materials potentially responsive to this request would be a violation of the spirit of the Arkansas Freedom of Information Law, as well as unlawful and the terms of the attached litigation hold notice.

Materials responsive to this request include — but are not limited to — all complaints, reports, records of discipline and penalties, aggregate collections of complaint and disciplinary materials (spreadsheets, databases), investigatory materials, relevant related correspondence, photographs, video, other related evidence, proof of discipline or fulfillment of penalties, and all personnel materials (including those used in promotion, contract, and other employment negotiations and considerations) that reference or utilize misconduct allegations or disciplinary materials of any sort.

Materials responsive to this request include all complaints— internal, external, and civilian — and include records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident/complaint: date, time, location, nature of the incident, description of the incident, nature of the investigation, investigatory materials, the disposition of the case, and any subsequent materials related to the execution of any resultant discipline. Responsive materials include all complaints and allegations against any officer, employee, or representative of this policing agency, regardless of whether that complaint or allegation resulted in any investigation or disciplinary action.

Responsive materials also include all records of use of force by officers, including records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident: date, time, location, nature of the incident, description of the incident, nature of the use of force, subsequent investigatory materials related to the use of force, the disposition of any investigation into the incident, and any subsequent materials related to the use of force.

9. All evidence for all cases involving Mrs. Royer, Margo L.

10. A Running list of all Dubois Police Department Staff and Clearfield County Sheriff Department for 2010 to present. Please provide personnel files for each employee.

We have a right to receive records by email and moreover I cannot be required to use your web portal which imposes Terms of Service conditions beyond the Code Cited requirements. Please email (attachments) all responsive records.

We remind you of your obligation to provide electronic records in the format we request them if that format is easily generated.. Therefore, e-mails exported in the .eml or .msg format with all non-exempt headers, metadata, attachments, etc. are our choice. Other Documents may be provided in text (not scanned) PDF format.
However, if you choose to convert emails, for example, to PDF or printed format, to easily redact them, you must ensure that you have preserved the full content of the original email record (as specified in request "A"), which contains many detailed headers beyond the generally used From/To/Subject/Sent/etc. For chat apps, a screenshot or print-out is acceptable.

If you use PDF, you must use properly redacted searchable or text pdfs. Don't use image PDFs to make it harder to analyze the records. Do not print out records and then re-scan them to PDF - simply redact them in Adobe Acrobat if needed for example. If you provide PDFs instead of original email files, only give a few of the headers or lacking attachments/images, and/or improperly withhold public records that exist on private accounts/devices you may be in violation of Arkansas Code and/or FOIA, and we may challenge your decision by appeal, judicially, and/or via any other remedies available to us.

You must justify all withholding. All justifications must be made with particularity (every redaction must be specifically referenced to a justification).

Provide records in a rolling fashion. Do not wait for all records to be available.

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.

ALL FILES COULD BE FORWARDED BY EMAIL TO c2reed1234@gmail.com

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.

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,

Christopher Reed