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

Beryl Lipton filed this request with the Derby Police Department of Derby, KS.
Multi Request Unmarked Vehicle Data, Policies, Reporting, Use
Est. Completion None
Payment Required


From: Beryl Lipton

To Whom It May Concern:

Pursuant to the The Kansas Open Records Act, I hereby request the following records regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

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.

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.

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.

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 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.

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 3 business days, as the statute requires.


Beryl Lipton

From: Derby Police Department

Beryl Lipton,

The Derby Police Department has received your request for records in regards to unmarked patrol cars. By our department definition, an unmarked patrol car consists of a vehicle with no exterior markings of any kind and has lights mounted on the inside and is equipped with a siren. These vehicles are assigned to administration and investigations and are not used for routine patrol or enforcement. Due to this limited usage, the Derby Police Department does not maintain records in most of the requested categories.

With this in mind, attached is a copy of the department policy regarding "slick topped" (lights on the inside) vehicles and pursuits. This is the sole department policy specific to unmarked vehicles.

While I do not anticipate having records in most of the requested categories, there may be some records maintained by the finance department regarding inventory and other information. The Kansas Open Records Act authorizes the City to recover its costs in producing the requested materials. Pursuant to City of Derby Fee Resolution 23-2020, staff time is charged at "the rate of pay for each person whose time is used to assist and/or respond to a specific request" and copies are charged at $0.25/page. It is anticipated that identifying additional responsive records, if any, will require approximately 2 hours of my time to complete. If you would like me to investigate whether additional records exist, please remit payment in the amount of $80 to the City of Derby at the below address. If you have questions about this letter or would like additional information concerning the categories of requested records, please feel free to call me at the number below.

Brandon Russell
Deputy Chief
Derby Police Department
229 N Baltimore
Derby, KS 67037

The mission of the City of Derby is to create vibrant neighborhoods, nurture a strong business community, and preserve beautiful green spaces.