Sheriff Data Collection Request (2021)

Samuel Sinyangwe filed this request with the Henderson County Sheriff of Henderson County, TX.
Tracking #

H000365-110122

Status
Rejected

Communications

From: Samuel Sinyangwe

To Whom It May Concern:

Pursuant to the Texas Public 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.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.

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 10 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

From: Henderson County Sheriff

This open records request is in the process of being fulfilled, however due
to the data requested it will take longer than the normal 10 business day
process.
*Thanks,*
*Wendy Rollins*
*Henderson County Sheriff's Office *
*Records Clerk*
*Direct 903-677-6336*
*Fax 903-677-6344*

From:

Dear SAMUEL SINYANGWE:
Your request has been received and is being processed. Your request was received in this office on 11/1/2022 and given the reference number H000365-110122 for tracking purposes.
Records Requested: Pursuant to the Texas Public 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.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.

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.
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.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Henderson County

To monitor the progress or update this request please log into the Open Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHWzMokdhJrmTL9s51Lr7UbJn9FlzeT1Y8p-2FVi-2FFJH-2BPM-3DOcue_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFlKTnyQ8Nc7LFcJ4GZTjWDnVeB7D-2FaPQ8MI534RSN3THDUou9PIlnUuCl6gAVrev4svhrSfrXkyQEI-2FhLB5rFXX0XGWFunwrXl6krtB2BYOI2eXc1e0xXHPLfcVEhpnkU5f0BtI6Kse9lEqXtHzk8Um-2F-2BVC5pCqwObIJ2ZpX0cvm7wToBlPoO-2Btl4EbfeRZaRjawyuhoxh-2BkzEqKi7XXEyLS5pzoJeyPMm6PYU98uAMjfE2Cj1RpDT9-2Bhi2vWPM-2BuZryW1UyTbOV4F7jzsoHOVkc0jznytLLbefes60-2FSeEOXDGXEcLVauleEues6Nkyyw-3D-3D)

From:

--- Please respond above this line ---
11/01/2022 RE: Public Records Request of November 01, 2022, Reference # H000365-110122 Dear SAMUEL SINYANGWE, Henderson County is in receipt of your public records request of November 01, 2022. We have determined that complying with your request for public information will result in the imposition of a charge that exceeds $100. Therefore, the following statement is provided pursuant to section 552.2615, 552.263, and 552.271 of Public Information Act, chapter 552 of the Government Code. For copies of all the information Itemized statement of estimated charges:
* Copies, (# of pages) @$.10/page...        $TBD
* Labor, # hours @$15.00/hour...              $TBD
* Overhead, 15% of staff rate...                 $TBD
* Media CD's/DVD's @$5.00 each...         $TBD Postage & Supplies...                              $TBD ESTIMATED TOTAL FOR THIS REQUEST  $ 390.95 You may review the Estimate Invoice by logging in to the Open Records Center at the following link: Public Records Request - H000365-110122 (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHF5yfKQKc0AGV-2B1nciRBIKw7ewqO-2BTkSbIR2Z-2FDLfHB0TAXBG6usVaNQrA9Cpd4D7P9vc0L8NQTQMD79uxnqjqw-3D-3Dy6VT_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFgub6bNzaHL6bYkTrP8dhu9FGYCxVTlR1vQggsvrvnGw-2F2QBeZUcuGhIcFQCV11At23D5ivD1mTrNScbHZzbvBw99dhP6wkSB8A7YhWIqwe0SQb1E5O4JW5BO68rumzvlV3aLgySdThSW6ibCSJLMT7J0vBhBPBhGFnAg43gsDuAelbSH4QXpg8lPXbPMvZSYeB2LOTvblfy0QYWyf2wXYorHUlMKwy7CIalT4z55Ul2OeaXvv5ugQcENSQzXUDKVQcfj5Qve5HtiWneaGCFNpIOHU7LGxIFMoKtrG0FM8nunl3aZFAMyf0tRfWu2dn6Gg-3D-3D) Your request will be considered automatically withdrawn if you do not notify us responding to this email within 10 (ten) business days from the date of this statement that you:
* Accept the charges;
* Modify your request; or Have sent to the Office of the Attorney General (OAG) a complaint alleging that you have been overcharged for being provided with a copy of the public information. Because your request will be over $100, we will require a deposit (TBD) when production is agreed upon. No additional work will be done until we receive your deposit. Additionally, please note the following:
* Pursuant to section 552.263(e), if information must be sent to the OAG to seek a ruling regarding its release, your request will be considered received when we receive your deposit; and Pursuant to section 552.263(f), your request will be considered automatically withdrawn if your deposit is not received within ten business days of this email. You may choose to respond by email, fax or regular mail. Your check or money order must be payable to: Henderson County, 100 East Tyler Street, Room 100, Athens, Texas 75751. Alternatively, you may wish to narrow your request to reduce the scope of the documents requested. We anticipate it will take this time to assemble and review the responsive documents. If you have any questions, or if you need clarifications, you may contact me or Mr. Clint Davis during business hours at (903) 675-6112. Sincerely, Joanna Dávila Open Records Administrator County Attorney's Office
To monitor the progress or update this request please log into the Open Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHF5yfKQKc0AGV-2B1nciRBIKw7ewqO-2BTkSbIR2Z-2FDLfHB0TAXBG6usVaNQrA9Cpd4D7P9vc0L8NQTQMD79uxnqjqw-3D-3DF1ti_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFgub6bNzaHL6bYkTrP8dhu9FGYCxVTlR1vQggsvrvnGw-2F2QBeZUcuGhIcFQCV11At23D5ivD1mTrNScbHZzbvBw99dhP6wkSB8A7YhWIqwe0SQb1E5O4JW5BO68rumzvlV3aLgySdThSW6ibCSJLMT7J0vBhBPBhGFnAg43gsDuA-2BArZ0Ih3muKMx26-2B8c5j1usQ4TXaum4jJHi5J7qkEFrAgQ5ccSo2JzVgfvVPNcqevXgj4A3ELh8Y91LnyzieYAVpPMldkwwM7d9qkoQT-2FS4j1VLB6-2FEZ64RaQJjWq8I-2FHS0sdDrfDNGQbKRgcTiT2A-3D-3D)

From:

RE: PUBLIC RECORDS REQUEST of November 01, 2022, Reference # H000365-110122.
Dear SAMUEL SINYANGWE,
Your estimate is ready. Please login to the to view details. Henderson County Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHWzMokdhJrmTL9s51Lr7UbJn9FlzeT1Y8p-2FVi-2FFJH-2BPM-3DAPBv_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFoeim-2B7fHw-2B-2B7fiFV6smkqX25boCO5-2FWtEp3-2Bj32hyCq41FhpXOFLsuoyQUN-2FFsUZWT74-2B-2Fk3XtggnPVe2P3w3-2FtgTx3H2vikXYhFaD8t0AtqhsJmqVewuXVx1U-2BaDLTTc-2Bs8QV7h4YEo96VypIfzepgnGVUsLAn4clEVQcEI5QahisnbKDysCjNA05Djju5z-2F8LYDsbxzRVhgwd1ULxtZbMZLO3Sg2uaQ9pmu9hpDhIgkNytt1KqP3lV-2FqzD1RSWu-2FRgned2diauotJMRDpV38S-2F3J9mJ98KBG9OmHLPHVcXbw5o9278Mit6XPZsKh1kg-3D-3D)
Please let us know by responding to this email if you either: (a) accept the charges or (b) wish to modify your request.
Your request will be considered automatically withdrawn if you do not notify us in writing within ten (10) business days from the date of this letter on how you wish to proceed.
Sincerely, 
Joanna Davila
County Attorney's Office
To monitor the progress or update this request please log into the Open Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHWzMokdhJrmTL9s51Lr7UbJn9FlzeT1Y8p-2FVi-2FFJH-2BPM-3DAUgL_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFoeim-2B7fHw-2B-2B7fiFV6smkqX25boCO5-2FWtEp3-2Bj32hyCq41FhpXOFLsuoyQUN-2FFsUZWT74-2B-2Fk3XtggnPVe2P3w3-2FtgTx3H2vikXYhFaD8t0AtqhsJmqVewuXVx1U-2BaDLTTc-2Bs8QV7h4YEo96VypIfzepgnGVUsLAn4clEVQcEI5Qa9yyLCT6CJYE15rK28mRIPObuT-2B-2FOvAQpau-2FQL1qqtGYbS2tKDWuIutr82Tj9nT4nQiz1GoALZsopZD-2FFFnaPC1JS5Et1EqrIPGAAPIksnIhUPuwwKmzE8Eq2OsVLUmeI3cHHVkQxZZDOLQ5sXGnfUA-3D-3D)

From:

RE: PUBLIC RECORDS REQUEST of November 01, 2022, Reference # H000365-110122.
Dear SAMUEL SINYANGWE,
Your estimate is ready. Please login to the to view details. Henderson County Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHWzMokdhJrmTL9s51Lr7UbJn9FlzeT1Y8p-2FVi-2FFJH-2BPM-3DFLmK_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFsgnQkhxJdZuLQmgjDKWxTk6AaI-2BV0dYLxM2fNENGdCGEBQX3SHBw4qx2tsMuJd52qDGItiP8bBazFy4sIFOLtjQ27MTPFkbe8IBdhaU1LvyXXzYNnf0HYXqk1Ej3NEmfq-2FSI4EKNoImxAnCBTB-2FI5lG-2F3NthtFpAgB4p0CHWELUCx-2BD9QzRo-2FGfikOIx-2FNTbrTcIs8AMynOI9ViBZjPgJyHKKmL5vxRvo-2FzCWkWdhRx9EYWnLKdVY8vVoyzOXxaB0GefeVvIwX5cmMevoHcvPn4CgxKk9WmuEALj-2BbVmr-2Bd5bMaqLSgJ1miRv6yjy6OaQ-3D-3D)
Please let us know by responding to this email if you either: (a) accept the charges or (b) wish to modify your request.
Your request will be considered automatically withdrawn if you do not notify us in writing within ten (10) business days from the date of this letter on how you wish to proceed.
Sincerely, 
Joanna Davila
County Attorney's Office
To monitor the progress or update this request please log into the Open Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHWzMokdhJrmTL9s51Lr7UbJn9FlzeT1Y8p-2FVi-2FFJH-2BPM-3DVvKS_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFsgnQkhxJdZuLQmgjDKWxTk6AaI-2BV0dYLxM2fNENGdCGEBQX3SHBw4qx2tsMuJd52qDGItiP8bBazFy4sIFOLtjQ27MTPFkbe8IBdhaU1LvyXXzYNnf0HYXqk1Ej3NEmfq-2FSI4EKNoImxAnCBTB-2FI5lG-2F3NthtFpAgB4p0CHWELUNLotmxio8hTEAdQuFiNCF9Ch5a66r3bxPmTChhqhHnN3Sz0lEHieNjrCCfnJx-2F1VRq9gSRAqhv7IoZYnzKZqd36ejCcgvbHzuHuR8tPf-2BEyc94kHagiKpXbrFRt91O8ZqaBoj3SmWHGVlxtOoS8R-2Fw-3D-3D)

From: Henderson County Sheriff

--- Please respond above this line ---
RE: Public Records Request of November 01, 2022, Reference # H000365-110122 Dear SAMUEL SINYANGWE, Henderson County received a public records request from you on November 01, 2022. Your request mentioned: Pursuant to the Texas Public 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.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
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. Upon further consideration from the Sheriff's Office regarding this request, it is incumbent upon me to make you aware the amount of time and personnel that will be needed to process this request is highly unexpected for the department. The Sheriff's Office does not have the electronic capability to search for some of the itemized information you are requesting. They would be going through each case manually in order to search for the information, this will require at least 4-5 employees to be handling the information. Therefore, the cost of producing your request has increased to an approximation of more than 80 hours time. Alternatively, you may wish to narrow your request to reduce the scope of the documents requested. For questions or additional information, please reply to this email. Sincerely, Joanna Dávila
Open Records Administrator County Attorney's Office
To monitor the progress or update this request please log into the Open Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHF5yfKQKc0AGV-2B1nciRBIKw7ewqO-2BTkSbIR2Z-2FDLfHB0TAXBG6usVaNQrA9Cpd4D7P9vc0L8NQTQMD79uxnqjqw-3D-3DrDAd_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFrgTXkInSbO-2BPmNY1mz7xgSCZKYHkKutsSB8JlAHCE6xPr1Nj7vScsFUBSti2DelJnWJ9I816VQLFonIy7HNiBP8XPZEOrb5HLsNP3hd3hehbZtMoyY0iaCJ2NZG7BOz77WjWE4c3FPV0qHvs2bDANdi47-2FLaDC2qf0jxV9VbNuRn99wSj-2Bzeapd4oNHj5J-2Bg0eTC3qen1WMSfKycA9wRZ8RieWAOI0qtiOigOlBR5zO4J7ntnJlISItkPi65JNEbrFd9Nkx2SaN6LweFaTqjS4vRnH-2BvLazt9e02l240C5t0za6fsJFvAoGGrRuBELxjA-3D-3D)

From: Samuel Sinyangwe

To Whom It May Concern:

Please find enclosed a check for $390.95 to satisfy the fee associated with the attached public records request.

Thank you.

Check sent by Muckrock Staff

Pay to the order of:

Henderson County
Open Records
100 E. Tyler Street, Room 100
Athens, TX 75751

#10705
Amount of: $390.95
  • Created — 11/04/2022
  • In Transit — 11/09/2022
  • In Local Area — 11/11/2022
  • Processed For Delivery — 11/11/2022
  • Deposited

From: Henderson County Sheriff

--- Please respond above this line ---
RE: Public Records Request of November 01, 2022, Reference # H000365-110122 Dear SAMUEL SINYANGWE, Henderson County received a public records request from you on November 01, 2022. Your request mentioned: Pursuant to the Texas Public 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.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
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. Further clarification is required to complete your request: WE ARE IN RECEIPT OF YOUR CHECK #10705, PLEASE CONTACT ME BY PHONE REGARDING YOUR REQUEST. Sincerely, Joanna Dávila Open Records Administrator County Attorney's Office (903) 675-6112
To monitor the progress or update this request please log into the Open Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HUs2NKVK-2Byiz0MCxP20AdHK-2Blecv-2FFT1lYFSqFn12ZeHF5yfKQKc0AGV-2B1nciRBIKw7ewqO-2BTkSbIR2Z-2FDLfHB0TAXBG6usVaNQrA9Cpd4D7P9vc0L8NQTQMD79uxnqjqw-3D-3DBMgy_Vh1daNFUB2dD7Hn81N-2F2UyK7VwK-2FxbjPftWybh56PWJzvLq0S9TLhz-2Bc0OgN8hvc60iDtxEKwrVcfRWJlsSBFmYKZR3eeVV3Ag-2FTmdCvb4UCgb5VE-2BhVdPWZ1p0gzupaQYc-2BXIGxu27K-2FjefHMXY0fiU2pPrOCkD3UsG8npWnBfRRXCmLVzM-2BlCxXGQnc82ktxVDQK9R1vpzEVtIMrkW4NFp0Vng-2FWuHv0xoNOLU4gUyjti67OZ2aR6uWciq9EmWi8407L-2BzFwH6gor0Q2igz8pgAAlC-2Fa7TQfET2PIn9dRXjshEZFPPoDYEWvY-2BkV2gI1WKA0fx3YUlmlGTVYziCIwcHgsUo8saPCQg9kW6jKZHhUI-2FNpP6-2FZafEgyf21jO6K-2BDNGkFCNs9r782atRnpQ-3D-3D)

From: Henderson County Sheriff

The request has been rejected by the agency.

From:

Mr. Sinyangwe,

I am writing directly in reference to the Public Records Request submitted
by you for MUCKROCK News to the Henderson County Sheriff's Office through
our Online System.

We cannot accept Check #10705 in the amount of $390.95, received by our
office on November 14th, 2022 as a form of payment. *You were provided an
estimate not an Invoice*. It is apparent you were not fully aware of the
communication(s) released to you within the County's Records Portal: Open
Records Center
<https://www.henderson-county.com/i-want-to/submit-a-foia-request>.

This estimate was clear to state you or a representative had to confirm
with an answer that the County was to begin the process of the search. We
never received such a confirmation. It appears you are unaware that the
records clerk at the Sheriff's Office followed up with a letter (also
available to you on the site) of the closest approximation of time it would
take this department to produce the information. With this update from the
Sheriff's Office, another email communication stating the estimate had
increased was provided to you online.

I regret to inform you we are closing this request due to a lack of
communication on your part. All our communication records are available and
have been in the portal through the link above. A copy of this email will
also be added to this same reference #. We will return your check by mail
today.

Sincerely,

Joanna Dávila
Intake and Open Records Clerk
Henderson County Attorney's Office
100 E. Tyler St., Room 107
Athens, Texas 75751
(903) 675-6112
Fax (903) 675-6175

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