North Carolina police data collection (Iredell County Sheriff)

Mr. Samuel Sinyangwe,
I am writing in response to your email of July 19, 2021, seeking records from the Iredell County Sheriff's Office. The Iredell County Sheriff's Office does not maintain the bulk of these records in an aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist. Additionally, most of the records sought are not public records under North Carolina law and are not subject to disclosure absent an order from a court of competent jurisdiction.

I will address your requests in the order presented:

1. the total number of use of force incidents reported by law enforcement, separated by year and by type of force used from 2013-2020 (for example, "27 taser incidents in 2019, 3 baton incidents in 2020, etc.) - the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained from 2013-2020, separated by year (for example, 8 complaints in 2016, 2 complaints sustained in 2016, 4 complaints in 2017, 1 complaint sustained in 2017, etc.)

· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2013-2020, separated by year.

· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist. To the extent this requests information regarding a specific use of force, the requested record constitutes a record of a criminal investigation and/or personnel file information. As such, it is not a public record pursuant N.C. Gen. Stat. § 132-1.4 and/or N.C. Gen. Stat. § 160A-168.

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2013-2020, separated by year.

· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2013-2020, separated by year.

· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

6. all information reported to the FBI's National Use-of-Force Data Collection program to date.

· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

7. a list of all officer involved shootings that were directed at a person from 2013-20 (excluding shootings of animals and accidental discharges that are not directed at a person).

· To the extent this requests information regarding a specific use of force, the requested record constitutes a record of a criminal investigation and/or personnel file information. As such, it is not a public record pursuant to N.C. Gen. Stat. § 132-1.4 and/or N.C. Gen. Stat. § 160A-168. Additionally, this request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

8. the total amount of money paid out in lawsuits and settlements relating to allegations of police misconduct per year from 2013-20. This includes copies of all reports, lists, databases, or individual documents that detail lawsuits brought against the city's police department and the outcome of lawsuits brought against the city's police department including any financial settlement occurring from 2013-20. It should also include any documents that your department submits to local, state, or federal agencies listing the number and/or status of lawsuits brought against the police department. This request includes any documents compiled quarterly, annually, or in other increments as well as any documents or databases that contain responsive information.

· This request seeks records not maintained by Iredell County Sheriff's Office. The Iredell County Sheriff's Office does not maintain documents of city police departments or any other law enforcement agency. Additionally, in the event this boilerplate request intended to request documents from the Iredell County Sheriff's Office, these records are not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff's Office is not required to create or compile a record that does not exist.

Sincerely,

Adam L. Dillard
Attorney, Iredell County Sheriff's Office

[cid:image002.png@01D77D44.952F9290]

This message may contain confidential information and is intended only for the individual named. If you
are not the named addressee you should not disseminate, distribute or copy this email. Please notify the
sender immediately by email if you have received this email by mistake and delete it from your system.
Emails that do not contain confidential medical information are subject to N.C. General Statute, Chapter
132 and may be considered a matter of public record.