Sustained findings since 2017 (Internal Affairs Unit, Savannah-chatham Metropolitan Police Department)
| Multi Request | Sustained findings since 2017 |
| 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:
To whomsoever it may concern:
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 Savannah-Chatham Metropolitan Police Department Internal Affairs, 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.
Sincerely,
Ananya Tiwari
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: 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. 21, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Savannah Police Department
Hello,
We have received your request. Please allow us to research your request. We will have a response within the next few business days.
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Outlook-City Patch
From: Savannah Police Department
We'll deal with this Monday. Tomorrow and Friday are not business days for the City.
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From: Savannah Police Department
This is to follow the response previously provided by Ms. Williams and Mr. Garrett regarding your multi-part request, below.
No report, summary or compilation of records responsive to your request were in existence at the time of your request. O.C.G.A. 50-18-71(j). See also, O.C.G.A. 50-18-71(b)(1)(A).
No such responsive records can be produced in this instance in accordance with the procedures and intent of O.C.G.A. 50-18-71(f).
Your request is therefore denied.
None of the foregoing should be taken as an acceptance or acquiescence to those portions of your request which are presumptive, conclusory and/or pejorative toward the women and men of this organization.
J. Brian Dale
Open Records Supervisor
Savannah Police Department
201 Habersham St.
Savannah, GA 31401
912-691-6237 (voice)
912-692-4500 (fax)
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~WRD0000
From: Dilcia Mercedes
Hi,
I would just like to follow-up with the response given.
I want to make sure I am clear on the response the Savannah Police Department is giving us.
In the years 2017-2022, there were no accounts of sustained findings of police misconduct at the Savannah-Chatham Metropolitan Police Department Internal Affairs.
If those records are not accounted for at Internal Affairs, where are they accounted for (meaning which division of the police department accounts for and tracks this information?)
Thanks!
From: Savannah Police Department
From: Jennifer Herman <JHerman@Savannahga.Gov>
Sent: Wednesday, January 11, 2023 11:08 AM
To: anayatiwarijournalism@gmail.com
Cc: Richard Wiggins <RWiggins@Savannahga.Gov>; James Dale <jdale@Savannahga.Gov>; Ansley Williams <AWilliams06@Savannahga.Gov>; Andrea Allen <AKanada@Savannahga.Gov>; John Garrett <John.Garrett@Savannahga.Gov>
Subject: RE: Fax Received: +14243051996
Dear Ms. Tiwari:
Your original request sought “sustained findings of police misconduct”, which you defined to include, without limitation, several categories of findings. The Savannah Police Department, correctly, responded that SPD does not maintain documents in the form you requested. That is, SPD does not maintain records categorized as “police misconduct.” See O.C.G.A. Sec., 50-18-71(j) (previously cited), which expressly states that public agencies have no duty to create material in response to a request for public records. As articulated, your request imposed such a duty upon SPD. Understand that the term “police misconduct” is susceptible to many different constructions. Perhaps you would like to resubmit your request less as a civil discovery-styled request for production of documents for one that is particularized.
Jennifer N. Herman
Deputy City Attorney
2 East Bay Street (31401)
Post Office Box 1027
Savannah, Georgia 31402
912.525.3092 (o)
912.657.1031 (c)
jherman@savannahga.gov<mailto:jherman@savannahga.gov>
[logo]
From: faxagent@savannahga.gov<mailto:faxagent@savannahga.gov> <faxagent@savannahga.gov<mailto:faxagent@savannahga.gov>>
Sent: Tuesday, January 10, 2023 8:21 PM
To: Andrea Allen <AKanada@Savannahga.Gov<mailto:AKanada@Savannahga.Gov>>
Subject: Fax Received: +14243051996
Delivery Information:
Message #:
1682728
Local Number:
9125251748
Remote CSID:
+14243051996
Total Pages:
4
Receive Time:
1/10/2023 8:20:59 PM
Transmit Time:
1 min 27.000 sec
Click here to view this message online <http://fax.savannahga.gov:80/xv.aspx?xMessageId=2230111012059930540>
Delivered by FaxAgent...
"When Every Fax is Mission Critical"
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From: Savannah Police Department
From: James Dale
Sent: Wednesday, January 11, 2023 4:28 PM
To: requests@muckrock.com
Cc: Jennifer Herman <JHerman@Savannahga.Gov>; Richard Wiggins <RWiggins@Savannahga.Gov>; Ansley Williams <AWilliams06@Savannahga.Gov>; Andrea Allen <AKanada@Savannahga.Gov>; John Garrett <John.Garrett@Savannahga.Gov>; James Dale <jdale@Savannahga.Gov>
Subject: FW: Fax Received: +14243051996
From: Jennifer Herman <JHerman@Savannahga.Gov<mailto:JHerman@Savannahga.Gov>>
Sent: Wednesday, January 11, 2023 11:08 AM
To: anayatiwarijournalism@gmail.com<mailto:anayatiwarijournalism@gmail.com>
Cc: Richard Wiggins <RWiggins@Savannahga.Gov<mailto:RWiggins@Savannahga.Gov>>; James Dale <jdale@Savannahga.Gov<mailto:jdale@Savannahga.Gov>>; Ansley Williams <AWilliams06@Savannahga.Gov<mailto:AWilliams06@Savannahga.Gov>>; Andrea Allen <AKanada@Savannahga.Gov<mailto:AKanada@Savannahga.Gov>>; John Garrett <John.Garrett@Savannahga.Gov<mailto:John.Garrett@Savannahga.Gov>>
Subject: RE: Fax Received: +14243051996
Dear Ms. Tiwari:
Your original request sought “sustained findings of police misconduct”, which you defined to include, without limitation, several categories of findings. The Savannah Police Department, correctly, responded that SPD does not maintain documents in the form you requested. That is, SPD does not maintain records categorized as “police misconduct.” See O.C.G.A. Sec., 50-18-71(j) (previously cited), which expressly states that public agencies have no duty to create material in response to a request for public records. As articulated, your request imposed such a duty upon SPD. Understand that the term “police misconduct” is susceptible to many different constructions. Perhaps you would like to resubmit your request less as a civil discovery-styled request for production of documents for one that is particularized.
Jennifer N. Herman
Deputy City Attorney
2 East Bay Street (31401)
Post Office Box 1027
Savannah, Georgia 31402
912.525.3092 (o)
912.657.1031 (c)
jherman@savannahga.gov<mailto:jherman@savannahga.gov>
[logo]
From: faxagent@savannahga.gov<mailto:faxagent@savannahga.gov> <faxagent@savannahga.gov<mailto:faxagent@savannahga.gov>>
Sent: Tuesday, January 10, 2023 8:21 PM
To: Andrea Allen <AKanada@Savannahga.Gov<mailto:AKanada@Savannahga.Gov>>
Subject: Fax Received: +14243051996
Delivery Information:
Message #:
1682728
Local Number:
9125251748
Remote CSID:
+14243051996
Total Pages:
4
Receive Time:
1/10/2023 8:20:59 PM
Transmit Time:
1 min 27.000 sec
Click here to view this message online <http://fax.savannahga.gov:80/xv.aspx?xMessageId=2230111012059930540>
Delivered by FaxAgent...
"When Every Fax is Mission Critical"
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image001
From: Dilcia Mercedes
Thank you for your response.
You are correct in that an agency does not have to create material to complete a records request.
However, my organization feels we were clear in what we meant by misconduct.
In our request, we explained:
"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."
If necessary, ignore the 'not limited to' part.
Does your agency have documents that can be categorized as any of the above for the timeframe of 2017-2022?
If so, please send us a case index and an estimate of how long it would take to fulfill this request.
From: Savannah Police Department
We stand on our previous response. Your clarification does not change the fact that we do not maintain a database that would permit a query to obtain potentially responsive material.
Jennifer N. Herman
Deputy City Attorney
2 East Bay Street (31401)
Post Office Box 1027
Savannah, Georgia 31402
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