2018 Vigilant Data Sharing Information (Delaware County Sheriff)

Dave Maass filed this request with the Delaware County Sheriff of Delaware County, OH.
Est. Completion None
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Awaiting Response

Communications

From: Dave Maass

To Whom It May Concern:

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

1) The names of agencies and organizations with which the Agency shares ALPR data;
2) The names of agencies and organizations from which the Agency receives ALPR data;
3) The names of agencies and organizations with which the Agency shares “hot list” information;
4) The names of agencies and organizations from which the Agency receives “hot list” information;

This information is easily available within the Agency’s LEARN system. The simplest way to extract this data is to generate an “Agency Data Sharing Report” PDF file from within LEARN. To do this, a user may simply go to the “Sharing” section of LEARN and select “Output Report.” A CSV/XLS file containing these records would also satisfy this request.

The instructions for extracting this data is described on pages 62-63 of the LEARN Agency Manager Guide, which may be found at this link:

https://www.documentcloud.org/documents/3860685-LEARN-5-1-Agency-Manager-Guide.html

An example of this record may be found at this link:

https://www.documentcloud.org/documents/3936113-Palos-Verdes-Estates-Police-Department-Data.html

A number of other agencies have regularly determined the above information constitutes a public record and have provided an “Agency Data Sharing Report.” These agencies include:

Anaheim Police Department, Antioch Police Department, Bakersfield Police Department Chino Police Department, Clovis Police Department, Elk Grove Police Department, Fontana Police Department, Fountain Valley Police Department, Glendora Police Department, Hawthorne Police Department, Irvine Police Department, Livermore Police Department, Lodi Police Department, Long Beach Police Department, Montebello Police Department, Orange Police Department, Palos Verdes Estates Police Department, Red Bluff Police Department ,Sacramento Police Department, San Bernardino Police Department, San Diego Police Department, San Rafael Police Department, San Ramon Police Department, Simi Valley Police Department, and the Tulare Police Department.

We further request the following records

The aggregate number of “detections” (i.e. license plate scans and associated data) collected during 2016.
The aggregate number of detections collected during 2017.
The aggregate number of “hits” (i.e. times that a plate on a hotlist was detected) during 2016.
The aggregate number of “hits” during 2017.

This information is easily available within the Agency’s LEARN system. The simplest way to extract this data is to generate a “Dashboard Hit Ratio Report” PDF file from within LEARN. We would prefer the data for each year to be provided separately.

An example of this document may be found at: https://www.documentcloud.org/documents/3870802-Sacramento-PD-Hit-Ratio-Rpt-010112-051917-Redacted.html

The instructions for extracting this data is described on pages 78-79 of the LEARN Agency Manager Guide, which may be found at this link:
https://www.documentcloud.org/documents/3860685-LEARN-5-1-Agency-Manager-Guide.html

The following agencies have regularly determined the above information constitutes a public record and have provided an “Dashboard Hit Ratio Report.” These agencies include:

Anaheim Police Department; Bakersfield Police Department; Chino Police Department; Clovis Police Department; Elk Grove Police Department; Fontana Police Department; Irvine Police Department; La Habra Police Department; Laguna Beach Police Department; Lodi Police Department; Sacramento Police Department; San Diego Police Department; San Ramon Police Department; and the Red Bluff Police Department.

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 would request your response within ten (10) business days.

Sincerely,

Dave Maass

From: Delaware County Sheriff

Good afternoon, Mr. Maass,

Attached is the Delaware County Sheriff's Office policy regarding ALPR data and the MOU with the Franklin County Sheriff's Office. The Delaware County Sheriff's Office does not hold these records, per the policy and MOU. Please contact the Franklin County Sheriff's Office for further information regarding your additional request for statistics from 2016 and 2017.

Thank you,

Delaware County Sheriff's Office - Public Records
740-833-2872 office
740-833-2889 fax
149 N. Sandusky St., 2nd floor
Delaware, OH 43015
www.delawarecountysheriff.com<http://www.delawarecountysheriff.com/>

DISCLAIMER NOTICE This e-mail, together with any attachments or files transmitted with it, may contain confidential information belonging to the sender, or constitute non-public information that is not subject to disclosure under O.R.C. Section 149.43, Ohio's Public Records Act. Additionally, if the sender is an employee of the Delaware County, Ohio Prosecuting Attorney's Office, this e-mail, together with any attachments or files transmitted with it, may contain information that is protected by the attorney-client privilege or other applicable privileges. The information in this e-mail is intended solely for the use of the individual or entity to whom it is addressed. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. If you have received this e-mail in error, please immediately notify the sender by e-mail and delete this e-mail from your system. If you are not the intended recipient, do not disclose, copy, distribute, or re-distribute this e-mail or take any action in reliance on the contents of the information contained in this e-mail. Nothing contained in this disclaimer notice by itself exempts, nor should it be interpreted to by itself exempt, this e-mail from disclosure as a public record upon the proper submission of a request for public records pursuant to O.R.C. Section 149.43, Ohio's Public Records Act.

From: Dave Maass

Thank you for the quick response and the records.

According to multiple documents obtained from other agencies, Delaware County Sheriff's Office has its own Vigilant Solutions account that is separate from the MOU.

There is further evidence of this in the Delaware County Commission's minutes authorizing the expenditure:
http://www.co.delaware.oh.us/commissioners/journal/2017/08_14_17.pdf

I respectfully urge you to please reassess whether there are responsive records.

From: Delaware County Sheriff

Good morning, Mr. Maass,

The contract Delaware County Sheriff’s Office has through Vigilant Services is for a subscription to a searchable nationwide database. We do not add information to or share information from the database, and do not hold those records.

Thank you,

Delaware County Sheriff’s Office – Public Records
740-833-2872 office
740-833-2889 fax
149 N. Sandusky St., 2nd floor
Delaware, OH 43015
www.delawarecountysheriff.com<http://www.delawarecountysheriff.com/>

From: Dave Maass

Thank you for the quick response. Your Vigilant Account data sharing report will indicate which agencies' ALPR data you have access to as part of the nationwide network. This is the information we are seeking, and it is contained and easily exportable through your Vigilant system.

Other agencies that have provided record have line-items showing Delaware County Sheriff on the receiving end of their data.

Again, we urge you to provide this information.

From: Delaware County Sheriff

Dear Mr. Maass,

You have requested records which do not document a function of the Delaware County Sheriff’s Office. State ex rel. Dispatch Printing Co. v. Johnson, 106 Ohio St.3d 160, 2005-Ohio-4384. The Delaware County Sheriff’s Office is not obligated to search an electronic database and create a record to fulfill a public records request. State ex rel. White v. Goldsberry, 85 Ohio St.3d 153, 154 (1999). The Delaware County Sheriff’s Office does not keep any of the records in the manner in which you have requested them. The information you seek, if kept at all, would be kept with the criminal investigative file, which is organized by case number, suspect’s name, and date. Thus, your request is also an overly broad, improper request. State ex rel. Zauderer v. Joseph, 62 Ohio App.3d 752 (10th Dist. 1989). You may resubmit your request with this criteria in mind.

Thank you,

Delaware County Sheriff’s Office – Public Records
740-833-2872 office
740-833-2889 fax
149 N. Sandusky St., 2nd floor
Delaware, OH 43015
www.delawarecountysheriff.com<http://www.delawarecountysheriff.com/>

From: Dave Maass

Thank you again for your quick response.

Just for clarification, I am seeking data that is stored within your database, however it is not organized by a criminal file. Rather, Vigilant Solutions has made it very simple for your office to export the requested data, as explained in the request.

Sincerely,

Dave Maass

From: Delaware County Sheriff

Mr. Maass,

The information you have requested is not accessible through the software version we utilize. You are welcome to inspect, in person, the inquiry software that we use, Monday through Friday 8:00 a.m. to 4:00 p.m.

Thank you,

Delaware County Sheriff’s Office – Public Records
740-833-2872 office
740-833-2889 fax
149 N. Sandusky St., 2nd floor
Delaware, OH 43015
www.delawarecountysheriff.com<http://www.delawarecountysheriff.com/>

From: Dave Maass

Thank you for the offer. Unfortunately, I will not be able to visit in person.

If DCSO is using Vigilant Solutions' LEARN system, then your agency has already paid for the technology to export the information I am seeking. We've had more than 50 agencies provide this information to us in an quick and efficient manner.

If you are not using LEARN, then that would close my request.

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