ShotSpotter and gun crime data
| Tracking # |
R005564-080221 |
| Submitted | July 30, 2021 |
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Communications
From: Todd Feathers
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
1) A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude+longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents.
2) Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude+longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information.
I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employ involved and an explanation justifying the employee hours required to fulfill the request.
Should you choose to reject this request or redact portions of it, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portion from public review.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Todd Feathers
From: Fresno Police Department
Dear Todd Heathers:
Thank you for your interest in public records of City of Fresno. Your request has been received and is being processed in accordance with the California Public Records Act (CPRA). Your request was received in the Fresno City Attorney’s Office, which is processing your request, on 7/30/2021 and given the reference number R005564-080221 for tracking purposes. Your request mentioned:
1) A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude+longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents.
2) Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude+longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information.
The City Attorney’s Office will be coordinating with other City Departments in the collection and review process of responsive records. Within 10 days of receipt of your request, you will be contacted about the availability of the records in question, unless the response time is extended by written notification to you. PLEASE NOTE: The CPRA does not require a governmental body to create new records to respond to a request, do legal research, or answer questions that seek information only and do not seek production of an existing public record.
You can monitor the progress of your request at the link below. You will receive an email if an extension of time is required and once your request has been completed.
If you have any questions or need additional information, please feel free to contact the City Attorney’s Office at 559-621-7500.
Again, thank you for using the Public Records Center.
City of Fresno
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSO07RI3WToebYy1O5awiQ2k08sKgL16ge67DeHxSRcKX7C5BlSwfeiMJFXKUFBNWCg-3Do9Zy_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rzxXGG37kw2MqeYb6YkihN5B0pJe0KMAPlFm4xMLH0lmNHiTLYMmEEb4z6cHa8-2BY3U6K4iwjbqAeMDiHqFSZFp97uT7ThQHFkU1csH2w2IhJerHIOCWde0djZ4zzHezWHawDXmd-2FtINAIQ1WR-2B2UFoTSaygvClPaScYTW-2BARiQ0y64f1GVF-2B52jHdYPc3jvDOX9fdT3S9DWkqN4wTGGEKifDj5kBso3KM7HgG3N07wYQ0wqllqRqGp19vOYXwHjDDJHBihNOOmVhjOfJfLD6FEUepR-2BgO2VZ7Yb2Pioie38iEFn-2BQLGYoNXsIYxfVqPbFlf-2BOMd2obxyegjM7r-2FzJOQ-3D-3D)
From: Fresno Police Department
Dear Todd Heathers,
Thank you for registering with the City of Fresno Public Records Center.
Your Login ID is: requests@muckrock.com
If you did not submit your request through the public portal but are receiving this e-mail, an account has been created for you where you can track and monitor the status of your request and receive responsive records.
If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSOzRmCPVhJA5rR8IA5nPG5yAeyZZI4g2z4Dzxd8nEu0L0IKqJwTp-2B53vqLFYlBL3ko-3D9En6_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rqKchTIjkDiMZmx0S-2FQ89rnSQdA1ccrwO1ybCfujbS3dnv7YQdoUW-2Bw1DfcTC6nC-2FpqW75L2zrYTP-2BCFTxTyLr7fLDMjET5bNfxI6lq0QUSF72hR5-2Bp1FWA791ZZvt0ATVwlEibkufyozO5f1-2FQ09u29z-2BESU6R-2BaUzFZ7Hq1msY-3D)
Please login to the Records Center to update your account information, track the status of your request and receive requested records when they become available. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSNhi2-2F3QHq3DBT5PWuakIv8-2BqaaiiLZNuo-2Fld20s0v3Hw-3D-3DykIB_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rqKchTIjkDiMZmx0S-2FQ89rjXAsZWCVSITup4EaYOMmV3GtdEm0xk5-2FHNOhW984p6NLZ8WM9-2BvugZbJbJT4ZnQbi847gdW25E8n4cJTafAJKacg07LGuMgnED-2F-2BN0vQqQQg2Ere0LW8M0nwWNcZySNgJeTLGZ2CTiFy3eHy6-2BGyZg-3D) This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY
From: Fresno Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of July 30, 2021., Reference # R005564-080221. Dear Todd Feathers, The City of Fresno (City) received your public records request under the California Public Records Act (Gov. Code, § 6250 et seq.) on July 30, 2021. Your request states: "1) A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude+longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents.
2) Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude+longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information." The City will require an extension of time to respond to this request under Government Code, § 6253(c) (1), based on the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. The City will provide a response no later than August 23, 2021. We appreciate your patience and understanding in this matter. Please contact the City Attorney’s Office at (559) 621-7500 with any questions. Very truly yours, Kathleen Abdulla Paralegal
for
TINA R. GRIFFIN
Chief Assistant City Attorney
City of Fresno
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSM-2BZLjWINqFuw9SklBpo-2B-2FrKuNR5F3a1CV5TarFXuxZTeEq7aSjeZGL8rhyG5F-2BxzQ-3D9Ikz_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rzxXGG37kw2MqeYb6YkihNyoruDXC8rrF9vEdaicbSW6g-2BDWeCDavya5Ane5I59yhJho-2BY4PH4f5XU98KDA1N9A2IiDsnhh-2F8E4Yux3Ve5T-2FL2i2M9aCck1OO8pNPztaL2b9IIKvWL8kgi9QQZwUwS6LOUor7kZAZ7bmEB5BlvpJ3DtKJgPqZWI4Y1nO-2BaUOr-2BtBrcWxIVXENP7Mhbu5FL3jm1H1w8AKsezNv2PF6w9CKs3MFz8GVeDNRxLcV-2F2SCYfAkXQuy11JTrRBzkLrjw07nz4UfkWonBUbdA0zwDoZy5GkjGMeOUGpWOSxQ36cHiRpkDD-2Fcg-2FeINcI5KCNyVw-3D-3D)
From: Fresno Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of July 30, 2021, Reference # R005564-080221. Dear Todd Feathers, The City of Fresno (City) received your public records request under the California Public Records Act (Gov. Code, § 6250 et seq.) on July 30, 2021. Your request states: Request No. 1: A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude + longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents: The City is unable to produce records responsive to this request on the grounds the records are protected by copyright, as reproduction is prohibited without prior written permission from the drafter of the document (Gov. Code, § 6254(k); 17 U.S.C. §§ 101 et seq.). T he City is unable to produce records responsive to this request as the records are not in the custody and/or control of the City (Gov. Code § 6252). ShotSpotter Data is owned and maintained by ShotSpotter. Request No. 2: Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude + longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information: The City has located and uploaded a document responsive to this request as: Shots Fired Data. The City has redacted information: (a) protected by a constitutional right to privacy, including matters involving juveniles, domestic violence, and sexual assault (Gov. Code, § 6254(k); U.S. Const., 14th Amend.; Cal. Const. Art. I, § 1); (b) protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Gov. Code, § 6254(k)); and (c) related to a criminal investigation (Gov. Code, § 6254(f)). Final determinations for this response were made by Tina R. Griffin, Chief Assistant City Attorney for the City of Fresno. Please log in to the City’s Public Records Center at the following link to retrieve the appropriate responsive records, uploaded into the system as: Shots Fired Data. City Public Records Request - R005564-080221 (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSO07RI3WToebYy1O5awiQ2k08sKgL16ge67DeHxSRcKX7C5BlSwfeiMJFXKUFBNWCg-3DVBbN_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rzxXGG37kw2MqeYb6YkihN6C20UjjtIZWHcPBg-2B17vslb7CWAkGhqaTpcI02YNoBrHz5lPIZflEubRGkDozW-2BzDBH-2FqURiKIme9F2uLJs8X87TekE2whtnC-2FRju2Q89uia5q54jEKMdYCR0IVS266zXvOCschFfsFHtaGJDtVe21oZIZRPLcvWeECDwYYa1ZlfVczvq4fvB-2BVosbjbbTcmpOZacWtRWVKsXfts4RIFH1-2FQPqLo-2B2zEoE1-2FVKSzHZ91xuyw5pvwHJkrABqcVpefqDrqs5SpO3ol9dA1d3TSYeOjIyM4wAci75CDstYHAU48FjNE2qBfj64Tg6W7KAjQA-3D-3D) Please feel free to contact the Fresno City Attorney’s Office at 559-621-7500 if you have any questions. Very truly yours, Kathleen Abdulla Paralegal
for
TINA R. GRIFFIN
Chief Assistant City Attorney
City of Fresno
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSM-2BZLjWINqFuw9SklBpo-2B-2FrKuNR5F3a1CV5TarFXuxZTeEq7aSjeZGL8rhyG5F-2BxzQ-3Dtspi_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rzxXGG37kw2MqeYb6YkihN6C20UjjtIZWHcPBg-2B17vslb7CWAkGhqaTpcI02YNoBrHz5lPIZflEubRGkDozW-2BzDBH-2FqURiKIme9F2uLJs8X87TekE2whtnC-2FRju2Q89uia5q54jEKMdYCR0IVS266zXvOCschFfsFHtaGJDtVe21oZIZRPLcvWeECDwYYa1ZlvfqczwFsE812-2B4N7xlTxM1Ob6598YkcD65G7zK5IL7fi9Lien-2FBhV7OC0dq9QTh1pWO3qSB4hFt9b8a-2Fa4kOJq7BSmxqz0bpBAfwgARO3XGx4P7qWBMml8w-2BJJJ3v4FHkymq9a9E7jESdW6k6OI8Zg-3D-3D)
-
Shots_Fired_Data
From: Todd Feathers
Hello Tina,
Thank you very much for your help on this matter and for fulfilling the second part of my request.
With regards to your rejection of the first aspect of my request, I ask that you reconsider your decision before I file a formal appeal as you have not cited a valid exemption for withholding the records under the California Public Records Act.
The law defines public records as those "owned, used, or retained by any state or local agency." ShotSpotter alerts are clearly used and retained by the department and are therefore a public record. A record does not cease to be a public record just because it is created using a private company's system or stored within a company's software. If that were the case, then any documents written on Microsoft Word or any other software would also be exempt from disclosure, which they are not.
A private company cannot be a custodian of government records. The law states (Section 6253.3) that "A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter."
I have submitted identical requests for ShotSpotter alert data to dozens of police departments, including other departments in California, and received responsive records in all other cases. The data is easily accessible and can be downloaded as an Excel or CSV file directly from the ShotSpotter system.
Please acknowledge receipt of this message and confirm that the department intends to fulfill the first aspect of my request. If you intend to deny that aspect of the request, please cite a specific exemption under the law.
Todd Feathers.
From: Fresno Police Department
You have sent an email to an unresponsive email account.
Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSNhi2-2F3QHq3DBT5PWuakIv8-2BqaaiiLZNuo-2Fld20s0v3Hw-3D-3DSSsm_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rzxXGG37kw2MqeYb6YkihN9762NvnOOxzR4y9sHoqSJ7aTknih0yAVG7qwJb0gCB8gjDJn-2BbumCXvxtoT4OhQpWZQziqcLL9pA9-2BYLMzUdrDGpD5SArsCY4v9D4tjiMFLLZDWrn50T2vT4kp205Zy-2FZKm6f6Z-2BlrpqvlckVWvUJ9F4AqZZgfRFxihS-2FzmlPUiYxWyMpL-2FdstrNTj91ohZgV9P-2F6wbAjh9leUBHxM175Q-2B9egZMpzAO3dwCNDHou4C27Cr8b21LJ-2BkdGOK4CglnvW2Lo0y7aQICarlPsi116PY2abA4fVs1VU7BEpGLtJk95Yh7hOpyQgsHFRVtH4w9Q-3D-3D)
Thank you
City of Fresno Public Records
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY
From: Todd Feathers
Hello Tina,
Thank you very much for your help on this matter and for fulfilling the second part of my request.
With regards to your rejection of the first aspect of my request, I ask that you reconsider your decision before I file a formal appeal as you have not cited a valid exemption for withholding the records under the California Public Records Act.
In your response, you state: "The City is unable to produce records responsive to this request on the grounds the records are protected by copyright, as reproduction is prohibited without prior written permission from the drafter of the document (Gov. Code, § 6254(k); 17 U.S.C. §§ 101 et seq.). The City is unable to produce records responsive to this request as the records are not in the custody and/or control of the City (Gov. Code § 6252). ShotSpotter Data is owned and maintained by ShotSpotter."
1) These records are not protected by copyright. If you maintain that they are, I ask that you please provide documentation that the ShotSpotter has specifically copyrighted data pertaining to gunfire alerts in the city of Fresno. While the company may have copyrighted its software, that copyright does not extend to every piece of information or record created using its software. Under the logic currently being applied to my request, any documented created by a city official using Microsoft Word would also be exempt from public disclosure because Microsoft Word is copyrighted. That is clearly not the case.
2) The law defines public records as those "owned, used, or retained by any state or local agency." ShotSpotter alerts are used and retained by the department and are therefore a public record and should, in adherence with the law, be in the custody/control of the department. A private company cannot be a custodian of government records. The law states (Section 6253.3) that "A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter."
I have submitted identical requests for ShotSpotter alert data to dozens of police departments, including other departments in California, and received responsive records in all other cases. The data is easily accessible and can be downloaded as an Excel or CSV file directly from the ShotSpotter system.
Please acknowledge receipt of this message and confirm that the department intends to fulfill the first aspect of my request. If you intend to deny that aspect of the request, please cite a specific exemption under the law.
Todd Feathers.
From: Fresno Police Department
Hello Todd,
This message is to notify you that your password has changed. This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY
From: Fresno Police Department
Good Morning,
The City is in receipt of your email below. The City will re-review the request and response and will provide a supplemental response on September 27, 2021.
Thank you.
Kathleen Abdulla
Paralegal
Fresno City Attorney's Office
2600 Fresno Street
Fresno, CA 93721-3602
(559) 621-7525
Kathleen.Abdulla@fresno.gov<mailto:Kathleen.Abdulla@fresno.gov>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 30, 2021. You had previously indicated that it would be completed on Aug. 23, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #R005564-080221.
Thanks for your help, and let me know if further clarification is needed.
From: Fresno Police Department
Good Morning,
I am currently awaiting a response from the Police Department regarding the status of responsive records. A response will be provided to you as soon as the information has been received.
Thank you.
Kathleen Abdulla
Paralegal
Fresno City Attorney's Office
2600 Fresno Street
Fresno, CA 93721-3602
(559) 621-7525
Kathleen.Abdulla@fresno.gov<mailto:Kathleen.Abdulla@fresno.gov>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 30, 2021. You had previously indicated that it would be completed on Aug. 23, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #R005564-080221.
Thanks for your help, and let me know if further clarification is needed.
From: Fresno Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of July 30, 2021, Reference # R005564-080221. Dear Todd Feathers, The City of Fresno (City) received your public records request under the California Public Records Act (Gov. Code, § 6250 et seq.) on July 30, 2021. Your request states: Request No. 1: A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude + longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents: The City provided a response to this request via GovQA portal on August 20, 2021. The previously submitted response and stated objections is/are incorporated by this reference. The City provides the following as a supplemental response: The City of Fresno Police Department is unable to fulfill this request because the requested data is owned by ShotSpotter through the contract with the City, therefore, the Police Department must request the data from ShotSpotter. ShotSpotter has advised the City that it will not produce or create records in response to public records requests received from third party requestors, or from the customer (City) on behalf of the third party, including but not limited to the following a list of, count of, or any details related to ShotSpotter Alerts in a particular coverage area, or a combination of ShotSpotter Coverage Areas. Ownership of the data (alerts) are explicitly defined in the ShotSpotter agreements, attached for reference, and such ownership belongs to ShotSpotter. Although the City has the right to respond to the alerts and use the data internally, the City is not permitted to release such data externally, as the data is deemed ShotSpotter’s property. Since the City is not the owner of the ShotSpotter data, it may not release the data to third party requestors. Request No. 2: Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude + longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information: The City provided a response to this request via GovQA portal on August 20, 2021. The previously submitted response and stated objections is/are incorporated by this reference. Final determinations for this response were made by Travis R. Stokes, Assistant City Attorney for the City of Fresno. Please feel free to contact the Fresno City Attorney’s Office at 559-621-7500 if you have any questions. Very truly yours, Kathleen Abdulla Paralegal
for
TRAVIS R. STOKES
Assistant City Attorney
City of Fresno
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSM-2BZLjWINqFuw9SklBpo-2B-2FrKuNR5F3a1CV5TarFXuxZTeEq7aSjeZGL8rhyG5F-2BxzQ-3DBYdd_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rzxXGG37kw2MqeYb6YkihN-2BLyPZvSjRJx-2FECcgNXxaO3sWh6BJjtBz4NERFVyhXHT5QNRskomR5a2iOJt7rkgKZ3no87mCLt3v9JkycDRO1QXxNiM1DODgGqSFnyLqfqvpdlPDropUwNLBqjIA-2FHL3ES2qmd4fNBxvYYfsWVuWjbBIBDpSNaKfoJn8RpOssFxmr89rOc3P2aW5bs-2FTae0eB71fbERYtfl-2Bh-2F-2FITFD2wUQF3QBX9kEH-2FOT6kEuFVXzqf1ffLzWT3maPgVcvEcih-2BQ2Kc7VpuWUwfsu9dldUsJNRIqsg0OGEkTNGOOi3tG3dmgOZ5ecr6gD6iTE-2BrRQJw-3D-3D)
From: Fresno Police Department
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RE: PUBLIC RECORDS REQUEST of July 30, 2021, Reference # R005564-080221. Dear Todd Feathers, The City of Fresno (City) received your public records request under the California Public Records Act (Gov. Code, § 6250 et seq.) on July 30, 2021. Your request states: Request No. 1: A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude + longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents: The City provided a response to this request via GovQA portal on August 20, 2021. The previously submitted response and stated objections is/are incorporated by this reference. The City provides the following as a supplemental response: The City of Fresno Police Department is unable to fulfill this request because the requested data is owned by ShotSpotter through the contract with the City, therefore, the Police Department must request the data from ShotSpotter. ShotSpotter has advised the City that it will not produce or create records in response to public records requests received from third party requestors, or from the customer (City) on behalf of the third party, including but not limited to the following a list of, count of, or any details related to ShotSpotter Alerts in a particular coverage area, or a combination of ShotSpotter Coverage Areas. Ownership of the data (alerts) are explicitly defined in the ShotSpotter agreements, attached for reference, and such ownership belongs to ShotSpotter. Although the City has the right to respond to the alerts and use the data internally, the City is not permitted to release such data externally, as the data is deemed ShotSpotter’s property. Since the City is not the owner of the ShotSpotter data, it may not release the data to third party requestors. Request No. 2: Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude + longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information: The City provided a response to this request via GovQA portal on August 20, 2021. The previously submitted response and stated objections is/are incorporated by this reference. Final determinations for this response were made by Travis R. Stokes, Assistant City Attorney for the City of Fresno. Please feel free to contact the Fresno City Attorney’s Office at 559-621-7500 if you have any questions. Very truly yours, Kathleen Abdulla Paralegal
for
TRAVIS R. STOKES
Assistant City Attorney
City of Fresno
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfI5405t2bA54aoypXnj-2FSM-2BZLjWINqFuw9SklBpo-2B-2FrKuNR5F3a1CV5TarFXuxZTeEq7aSjeZGL8rhyG5F-2BxzQ-3D-8p0_t-2B0tmMBy1VQkHMu4c8RERuK-2BxeVe-2BFipFY6JLTwFSJqB6wsCuC9ziTerRnHu-2Fe1rzxXGG37kw2MqeYb6YkihNxiloje7O8RP-2F2Tx5WTs39GQLBPj49kdNyiSsDsiNQg6p8qcExKXyagKLzVH-2B0KGzmGZyXDfO60fDaooJb7Md86xVeBGLan7-2BeFix3sSkfDkaJyWdSjyrAzhj-2F30ThToi9Wbdptcg6Qp7yVNJTFQdbMuKDDJAAWBoMCizApX0pRYn3dhtkDFVgK9FdgWM3kw9w6D-2BB3vhY1uk1Z36-2Fo4tuZmhtOuyuzmYsiLBonUPyEo3rwp-2BCDRFaKzX5wzKCpabKdL3VM9-2BzFZ6vVPyzZzll0FlvllBpMRPLadw7K7k9kejvX8JvBI7DoP86R4AAkZVQ-3D-3D)
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