Unmarked Vehicle Data, Policies, Reporting, Use (Cleveland Police Department)

Dear Beryl Lipton,
Thank you for your interest in public records of the City of Cleveland. Your request has been received and is being processed in accordance with the Ohio Sunshine Laws. Your request was received in this office on 8/18/2020 and has been given the reference number P013722-081820 for tracking purposes.
Records Requested: To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

Materials regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

POLICY
All policies, statutes, and guidance used to govern the use of unmarked vehicles or any other vehicle used or in the possession of this agency that is not clearly and obviously marked as a law enforcement vehicle.

Please include all policies regarding access to such vehicles, use of the vehicles, internal reporting requirements when such vehicles are used, and external reporting requirements.

FORMS and GUIDANCE
A blank version of all forms and logs used by this agency in relation unmarked vehicles, including all those used to track use, damage, and the inventory of vehicles.

DATA
All available data, reports, audits, and other aggregated information regarding this agency’s inventory and use of unmarked vehicles for the period from January 1, 2015 through July 31, 2020.

OTHER
In the initial acknowledgement letter from your agency, if you could please include an indication of whether your agency does use unmarked vehicles in some form, that would be appreciated.

For reference, here are examples of the kinds of materials that would be responsive to this request:
• Pennsylvania state statute (http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol35/35-2/55.html);
• opinion of the Wisconsin Attorney General (https://docs.legis.wisconsin.gov/misc/oag/archival/_293/_1/_16);
• Orlando Police Department policy (https://www.orlando.gov/files/sharedassets/public/documents/opd/policies-and-procedures/police-operations/1132.3-response-to-calls-traffic-stops-by-unmarked-police-vehicles.pdf);
• Howard County, Maryland Internal Audit Report of Police Take-Home Vehicle Program Audit - May 2018 (https://cc.howardcountymd.gov/LinkClick.aspx?fileticket=xwqgv-M7q9g%3D&tabid=132&portalid=0)
• Minneapolis’s Daily Activity Report (MP-3006) and Equipment Work Order Log (MP-5400)

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 to your agency at the request of a member of your community as part of a project to better understand policing agencies nationwide.

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.

Sincerely,

Beryl Lipton

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
Your request will be forwarded to the relevant city department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The public records law does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you will receive an email when your request has been completed. Again, thank you for using the Cleveland Public Records Center.
City of Cleveland - Public Records

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of August 18, 2020, Reference #P013722-081820.
Dear Beryl Lipton, The City of Cleveland received a public record request from you on August 18, 2020. You requested the following:
“To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

Materials regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

POLICY
All policies, statutes, and guidance used to govern the use of unmarked vehicles or any other vehicle used or in the possession of this agency that is not clearly and obviously marked as a law enforcement vehicle.

Please include all policies regarding access to such vehicles, use of the vehicles, internal reporting requirements when such vehicles are used, and external reporting requirements.

FORMS and GUIDANCE
A blank version of all forms and logs used by this agency in relation unmarked vehicles, including all those used to track use, damage, and the inventory of vehicles.

DATA
All available data, reports, audits, and other aggregated information regarding this agency’s inventory and use of unmarked vehicles for the period from January 1, 2015 through July 31, 2020.

OTHER
In the initial acknowledgement letter from your agency, if you could please include an indication of whether your agency does use unmarked vehicles in some form, that would be appreciated.

For reference, here are examples of the kinds of materials that would be responsive to this request:
• Pennsylvania state statute (http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol35/35-2/55.html);
• opinion of the Wisconsin Attorney General (https://docs.legis.wisconsin.gov/misc/oag/archival/_293/_1/_16);
• Orlando Police Department policy (https://www.orlando.gov/files/sharedassets/public/documents/opd/policies-and-procedures/police-operations/1132.3-response-to-calls-traffic-stops-by-unmarked-police-vehicles.pdf);
• Howard County, Maryland Internal Audit Report of Police Take-Home Vehicle Program Audit - May 2018 (https://cc.howardcountymd.gov/LinkClick.aspx?fileticket=xwqgv-M7q9g%3D&tabid=132&portalid=0)
• Minneapolis’s Daily Activity Report (MP-3006) and Equipment Work Order Log (MP-5400)

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 to your agency at the request of a member of your community as part of a project to better understand policing agencies nationwide.

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.

Sincerely,

Beryl Lipton

Upload documents directly:” The City has reviewed its files and has located responsive records to your request. Please log in to the Cleveland Public Records Center at the following link Cleveland Public Records Center to retrieve the appropriate responsive documents. Please note:

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* Records may be viewed/downloaded up to 3 times. You have up to 30 days to view/download records. Public Safety - Public Records Request - P013722-081820 For the City Owned Street Surveillance Cameras, get the player and instructions here.
If responsive materials include video please note: *Photographs of peace officers whose duties may include undercover or plain clothes positions or assignments are exempt from release under O.R.C. §149.43 (A)(7)(g) and can only be released with the prior written approval of the applicable peace officer. *Motor vehicle/driver record information (including driver’s license numbers, license plate numbers, VIN numbers, and the entirety of a driver’s license including photos) pursuant to 18 U.S.C. 7521, et seq. (Driver’s Privacy Protection Act) If you have any questions, or wish to discuss this further, you can reply to this email, go to the Cleveland Public Records Center and Send a New Message. Sincerely, City of Cleveland Public Records