Police Data Collection Request (2021)

Dear Tom Nash:
Thank you for your interest in public records of City of Hampton, Virginia. Your request has been received and is being processed in accordance with the Virginia Freedom of Information Act.  Your request was received in this office on 9/30/2022 and given the reference number F006698-093022 for tracking purposes. Requests received after 4:30pm on a business day will be processed the following business day.  Requests received on weekends, holidays, or other days City offices are closed will be processed on the next business day. Records Requested: -Other

-To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, etc.)

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.

6. the total number of officer involved shootings in 2021, both fatal and non-fatal.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Samuel Sinyangwe.
Your request will be forwarded to the relevant department(s) to locate the records you requested and to determine if there are any costs associated with responding to your request. The city has 5 business days to respond to you, either by asking for more details about the request; filling the request; filling part of the request; denying the request; or letting you know that the city needs more time. If all or part of your request is denied, the city will state what parts of the Virginia Freedom of Information Act exempt that information from mandatory public release.  Note that FOIA does not require governments to create records that do not currently exist. Governments can charge the cost of locating, reviewing, and copying records, and can request a deposit if the cost is estimated to be more than $200.
You can monitor the progress of your request at the link below and you will receive an email when your request has been completed. Again, thank you for using the Hampton Public Records Portal.
City of Hampton, Virginia

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RE: PUBLIC RECORDS REQUEST of September 30, 2022, Reference # F006698-093022

Dear Tom Nash,

The City of Hampton, Virginia received a Freedom of Information Act request from you on September 30, 2022 in which you requested:
"-Other-To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, etc.)

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.

6. the total number of officer involved shootings in 2021, both fatal and non-fatal.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Samuel Sinyangwe."

Please be advised that the level of activity and attention necessary to isolate and review files and electronic systems for records potentially responsive to your request make the response quite labor intensive given current workloads in affected departments.  Under those circumstances, it is difficult for the City to reasonably determine, within five (5) working days, all of the records that may be responsive, whether any exemptions from disclosure may apply, and whether to exercise any such exemptions.  Accordingly, the City will take the additional seven (7) work days provided in Virginia Code §2.2-3704(B)(4) to provide a response to your request.

If you have any questions, please feel free to contact me at (757) 727-6127.  Thank you for your attention.

Sincerely,

Cheryl Mansfield
FOIA Officer
City Attorney's Office

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RE: PUBLIC RECORDS REQUEST of September 30, 2022, Reference # F006698-093022
Dear Mr. Nash,
The City of Hampton, Virginia received a public information request from you on September 30, 2022. Your request mentioned: "-Other-To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, etc.)

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.

6. the total number of officer involved shootings in 2021, both fatal and non-fatal.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.

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 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Samuel Sinyangwe."
The following information was provided by the Hampton Police Division which is responsive to your request:
1. Total of (77) Use of Force incidents in 2021.  Of those 77, there were, in some cases, multiple applications of force.  The breakdown is as follows: 85 uses of physical force, 22 uses of basic grasp, 17 uses of Taser, 2 uses of 40mm chemical munitions, 2 uses of OC spray.

2.  (30) Citizen Complaints of misconduct (2021), (7) sustained.

3.  (6) complaints by citizens for use of force out of the (30) mentioned in #2.  Zero for complaints of excessive force.

4.  (3) Citizen Complaints of Biased Based Policing in 2021. None sustained.
5.  Zero Citizen Complaints of Criminal Misconduct in 2021.
6.  Zero officer involved shooting incidents in 2021.

If you have any questions, please feel free to contact me.

Thank you for your attention.

Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA  23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
cheryl.mansfield@hampton.gov