Sustained findings since 2017
| Tracking # |
P004317-111522 |
| Submitted | Nov. 14, 2022 |
| Est. Completion | None |
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Communications
From: Ananya Tiwari
To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
Under the Georgia Open Records Act § 50.18.70 et seq.,I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs Division of the Office of Professional Standards (OPS) of the South Fulton Police, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.
I am requesting digital copies of all responsive documents.
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.
Here, misconduct includes, but is not limited to:
Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.
False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.
Georgia law clearly provides that, except as otherwise specifically provided, “All public records … shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.” O.C.G.A. Moreover, investigative records of a government agency relating to the suspension, firing, or investigation of complaints against a public employee are subject to the Act’s disclosure requirements 10 days after the investigative record is submitted to the agency for action or the investigation is otherwise concluded or terminated.
If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law.
As you know, the Act requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.
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 look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Ananya Tiwari
From: South Fulton Police Department, South Fulton
Dear Ananya Tiwari:
Thank you for your interest in public records of the City of South Fulton. Your request has been received and is being processed in accordance with the Georgia Open Records Act. Your request was received in this office on 11/15/2022 and given the reference number P004317-111522 for tracking purposes. Records Requested: To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
Under the Georgia Open Records Act § 50.18.70 et seq.,I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs Division of the Office of Professional Standards (OPS) of the South Fulton Police, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.
I am requesting digital copies of all responsive documents.
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.
Here, misconduct includes, but is not limited to:
Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.
False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.
Georgia law clearly provides that, except as otherwise specifically provided, “All public records … shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.” O.C.G.A. Moreover, investigative records of a government agency relating to the suspension, firing, or investigation of complaints against a public employee are subject to the Act’s disclosure requirements 10 days after the investigative record is submitted to the agency for action or the investigation is otherwise concluded or terminated.
If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law.
As you know, the Act requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.
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 look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Ananya Tiwari
Your request will be forwarded to the relevant 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 Georgia Open Records Act does not require a governmental body to create new information, to do legal research, or to answer questions.
*Please note, response to public record requests may be slowed due to the Coronavirus (COVID-19) pandemic conditions and mitigation measures. Thank you for your patience.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Open Records Center.
City of South Fulton
From: South Fulton Police Department, South Fulton
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of November 15, 2022, Reference # P004317-111522
Dear Ananya Tiwari,
The City of South Fulton received a public information request from you on November 15, 2022. Your request mentioned: "To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
Under the Georgia Open Records Act § 50.18.70 et seq.,I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs Division of the Office of Professional Standards (OPS) of the South Fulton Police, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.
I am requesting digital copies of all responsive documents.
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.
Here, misconduct includes, but is not limited to:
Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.
False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.
Georgia law clearly provides that, except as otherwise specifically provided, “All public records … shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.” O.C.G.A. Moreover, investigative records of a government agency relating to the suspension, firing, or investigation of complaints against a public employee are subject to the Act’s disclosure requirements 10 days after the investigative record is submitted to the agency for action or the investigation is otherwise concluded or terminated.
If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law.
As you know, the Act requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.
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 look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Ananya Tiwari”
Please allow an additional 14 Days to process your request.
If you have any questions or need additional information, please feel free to contact our office at 470.809.7314.
Regards,
South Fulton Police Department
5539 Old National Hwy
College Park, Georgia 30349
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Georgia Open Records Act request, copied below, and originally submitted on Nov. 15, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #P004317-111522.
Thanks for your help, and let me know if further clarification is needed.
From: South Fulton Police Department, South Fulton
RE: PUBLIC RECORDS REQUEST of November 15, 2022, Reference # P004317-111522
Dear Ananya Tiwari,
The City of South Fulton received a public information request from you on November 15, 2022. Your request mentioned: “To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
Under the Georgia Open Records Act § 50.18.70 et seq.,I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs Division of the Office of Professional Standards (OPS) of the South Fulton Police, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.
I am requesting digital copies of all responsive documents.
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.
Here, misconduct includes, but is not limited to:
Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.
False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.
Georgia law clearly provides that, except as otherwise specifically provided, “All public records … shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.” O.C.G.A. Moreover, investigative records of a government agency relating to the suspension, firing, or investigation of complaints against a public employee are subject to the Act’s disclosure requirements 10 days after the investigative record is submitted to the agency for action or the investigation is otherwise concluded or terminated.
If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law.
As you know, the Act requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.
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 look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Ananya Tiwari”
It has been determined that the charge for the production of the records you have requested will exceed $25.00. Pursuant to Georgia Government Code, Section O.C.G.A 50-18-71 (d), the City of South Fulton is providing you with an itemized estimate of the anticipated charges. Please see attached for your estimate details.
Please let us know if you will accept these estimated costs. If you do not respond to this letter within 10 business days after the date this estimate sent, your request will be deemed withdraw under Georgia Government Code, Section O.C.G.A 50-18-70 unless you have advised the City of South Fulton that you will accept and will agree to pay the estimated cost, modify your request in response to the cost estimate or that you have sent a complaint to the Office of the Attorney General alleging that you have been overcharged for public information.
For a request for POLICE records, you may provide a response by any of the following methods:
* by responding to this email
* by regular mail to South Fulton Police Department, 5539 Old National Hwy, College Park, Georgia 30349; or
* in person at South Fulton Police Department, 5539 Old National Hwy, College Park, Georgia 30349
For a request for FIRE records, you may provide a response by any of the following methods:
* by responding to this email
* by regular mail to City of South Fulton Open Records Officer, 5440 Fulton Industrial Blvd, Atlanta, GA 30336, or
* in person at City Hall, 5440 Fulton Industrial Blvd, Atlanta, GA 30336
Please note that no work will be undertaken until we receive your response.
If you agree to accept the charges, please do so in writing as detailed above. This letter details the charges for copies of the records you have requested. If you wish to view the records, which may be less costly, please contact us. If you wish to view information that has been compiled from electronic data, this may reduce costs of creating printouts or placing onto media such as a CD, but it will not reduce the personnel and overhead costs.
If you have any questions or need additional information, please feel free to contact our office at 470.809.7314 (Police) or 470.809.7700 ext. 7553 (Fire).
Sincerely,
City of South Fulton
Open Records Division
5440 Fulton Industrial Blvd, S.W.
Atlanta, GA 30336
From: South Fulton Police Department, South Fulton
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of November 15, 2022, Reference # P004317-111522
Dear Ananya Tiwari,
The City of South Fulton received a public information request from you on November 15, 2022. Your request mentioned: “To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
Under the Georgia Open Records Act § 50.18.70 et seq.,I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs Division of the Office of Professional Standards (OPS) of the South Fulton Police, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.
I am requesting digital copies of all responsive documents.
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.
Here, misconduct includes, but is not limited to:
Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.
False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.
Georgia law clearly provides that, except as otherwise specifically provided, “All public records … shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.” O.C.G.A. Moreover, investigative records of a government agency relating to the suspension, firing, or investigation of complaints against a public employee are subject to the Act’s disclosure requirements 10 days after the investigative record is submitted to the agency for action or the investigation is otherwise concluded or terminated.
If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law.
As you know, the Act requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.
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 look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Ananya Tiwari” We anticipate that it will take approx. 3700 billable hours at the hourly salary rate of $22.12 to process your request (includes search, retrieval, review, redaction and production and excludes first quarter hour). The total estimated cost for your request is $81,844 (hourly salary x billable hours). Please be advised that we require prepayment of the estimated cost prior to proceeding further. Please submit your payment at [enter web address for payment transactions] and we will we will promptly proceed with processing your request. If we do not receive payment within 10 days we will close this request as withdrawn. We anticipate that it will take up to [insert] business days for the records to be available for electronic transmission to you following our receipt of your payment of the estimated cost. Exemptions under the Open Records Act of which confidential and privileged information may be redacted and/or withheld include:
You may provide a response to the City of South Fulton by any of the following methods:
* by responding to this email
* by regular mail to City of South Fulton Open Records Officer, 5440 Fulton Industrial Blvd, Atlanta, GA 30336, or
* in person at City Hall, 5440 Fulton Industrial Blvd, Atlanta, GA 30336
Please note that no work will be undertaken until we receive your response.
If you agree to accept the charges, please do so in writing as detailed above. This letter details the charges for copies of the records you have requested. If you wish to view the records, which may be less costly, please contact us. If you wish to view information that has been compiled from electronic data, this may reduce costs of creating printouts or placing onto media such as a CD, but it will not reduce the personnel and overhead costs.
If you have any questions or need additional information, please feel free to contact our office at 470.809.7700.
Sincerely,
City of South Fulton
Open Records Division
5440 Fulton Industrial Blvd, S.W.
Atlanta, GA 30336
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