Police reports for use of force cases (Lake Winnebago Area Metropolitan Enforcement Group)

Eric Schultz filed this request with the Fond du Lac Police Department of Fond du Lac, WI.

It is a clone of this request.

Est. Completion None
Status
Fix Required

Communications

From: Eric Schultz

To Whom It May Concern:

Pursuant to Wisconsin's Open Records act, I hereby request the following records:

I am requesting all law enforcement incident reports for instances where force was used since August 1, 2013.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Eric Schultz

From: Thiry, Steven

Mr. Schultz,

To clarify your open records request, you are requesting all law enforcement incident reports for the Lake Winnebago Area Metropolitan Enforcement Group where force was used since August 1, 2013.

The Fond du Lac Police Department has no records which are respondent to your request. Incident reports completed by members of the Lake Winnebago Area Metropolitan Enforcement Group are maintained by the Wisconsin Department of Justice Department of Criminal Investigation which oversees this group. An administrative phone number to contact in order to make this request is 920-225-6855.

Thank you,

Assistant Chief Steve Thiry
Fond du Lac Police Department
126 N. Main St.
Fond du Lac, WI 54935
(920)322-3718
sthiry@fdl.wi.gov<mailto:sthiry@fdl.wi.gov>

“From what we get, we can make a living; what we give, however, makes a life.”
- Arthur Ashe

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 22, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Thiry, Steven

Mr. Schultz,

As indicated in my response to your original records request, the Fond du Lac Police Department is not the custodian for the records you have requested. Therefore, we have no records respondent to your request. Please contact the Lake Winnebago Area Metropolitan Enforcement Group at 920-225-6855 to request these records as they are the custodian.

Thank you,

Assistant Chief Steve Thiry
Fond du Lac Police Department
126 N. Main St.
Fond du Lac, WI 54935
(920)322-3718
sthiry@fdl.wi.gov<mailto:sthiry@fdl.wi.gov>

“From what we get, we can make a living; what we give, however, makes a life.”
- Arthur Ashe

From: MuckRock

Hello Officer Thiry,

Apologies for the confusion regarding this request; it was intended to be sent to the Fond du Lac Police Department. Please see the appropriate wording of this request below.

Thank you very much for your help.
________________________________________

To Whom It May Concern:

Pursuant to Wisconsin's Open Records act, I hereby request the following records:

I am requesting all law enforcement incident reports for instances where force was used by the Fond de Luc Police Department since August 1, 2013.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Eric Schultz

From: Thiry, Steven

Mr. Schultz,

In order to process your request for records, I need to clarify with you the details of what you mean when you state (all law enforcement incident reports for incidents where “force was used” by the Fond du Lac Police Department). The phrase “force was used” can be a broad term which could include every incident report for the time period you have mentioned. According to the Wisconsin Department of Justice Training and Standards - Defense and Arrest Tactics manual, “force” could include anything from uniformed presence/marked squad presence on a call and dialog for subject control up to the use of deadly force. This would be an enormous records request (Approximately 11,000 multiple page reports and additional supplements) which would include a great deal of staff time and an incredible volume of record copies.

For clarification, your records request is not governed by the Freedom of Information Act, rather it is governed by Wisconsin Open Records law which is located in Chapter 19 of the Wisconsin State Statutes. As such, we do charge a fee for both of these costs as allowed under these statutes.

Depending on your needs, this request could be narrowed by specifying a specific type or range of use of force such as OC deployment or TASER deployment or a specific incident, location, or officer. Please let me know how you would like me to proceed. I will be waiting for your reply so that I can process your request in a manner that meets your needs.

Thank you,

Steve

Assistant Chief Steve Thiry
Fond du Lac Police Department
126 N. Main St.
Fond du Lac, WI 54935
(920)322-3718
sthiry@fdl.wi.gov<mailto:sthiry@fdl.wi.gov>

“From what we get, we can make a living; what we give, however, makes a life.”
- Arthur Ashe

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