Kansas City, KS Police Drone Documents

To Whom It May Concern:

Pursuant to the Kansas Open Records Act (K.S.A. 45-215), I hereby request the following records:

1. any requests for proposals, proposals submitted by vendors, contracts, budgets or cost allocations for the purchase, research of and/or use of aerial drones, UAs, UAVs, and UASs (hereinafter “drones”);

2. any policies, guidelines, manuals and/or instructions on institutional use of drones, including on the legal process required (such as a warrant or court order), if any, before operating a drone;

3. any departmental records concerning this institution's use of and/or research of drones now or plans to use drones in the future including:

a. the types of investigations or instances in which this department is using or plans to use drones, or how it plans to support, manage or oversee the usage of drones by another department or office;

b. policies, guidelines, manuals and/or instructions on storage requirements or procedures for video or static images obtained through use of drones, including retention times;

c. the altitude at which drones can or do fly;

d. drones’ ability to carry weapons.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Shawn Musgrave

Hello:

Thank you for your response. Please clarify whether you are rejecting my request in full or in part, as it has many components which would not fall under the umbrella of criminal investigations records, investigational techniques or procedures.

Best,
Shawn Musgrave
MuckRock

Ms. Myers:

I would like to appeal the rejection of my public records request (originally submitted on January 28, 2012 and copied below for your consideration) by Mr. Quinn. I believe his invocation of KSA 45-221 Section 10, D to reject the entirety of the request is inappropriate for two reasons:

-First, releasing records related to equipment acquisition and usage does not "reveal confidential investigative techniques or procedures." Police departments across the country have released documents relating to their usage or acquisition of UAVs. In every case where departments suggested that doing so would negatively affect their investigations or law enforcement activities, legal counsel at either the municipal or state level has directed the department to release the documents based lack of demonstrated impairment.

-Second, even if KSA 45-221 Section 10, D is applicable to a portion of my request, the application of this single provision to such a wide range of requested documents is certainly inappropriate. By Mr. Quinn's logic, revealing that a gun or wiretap was used in an arrest might threaten to uncover the entirety of KCPD's covert investigation protocol.

The acquisition of UAV equipment by law enforcement and the protocols, policies and guidelines to govern the usage of this technology is a matter of public record.

Thank you for your assistance with this request.

Best,
Shawn Musgrave
MuckRock

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To Whom It May Concern:

Pursuant to the Kansas Open Records Act (K.S.A. 45-215), I hereby request the following records:

1. any requests for proposals, proposals submitted by vendors, contracts, budgets or cost allocations for the purchase, research of and/or use of aerial drones, UAs, UAVs, and UASs (hereinafter “drones”);

2. any policies, guidelines, manuals and/or instructions on institutional use of drones, including on the legal process required (such as a warrant or court order), if any, before operating a drone;

3. any departmental records concerning this institution's use of and/or research of drones now or plans to use drones in the future including:

a. the types of investigations or instances in which this department is using or plans to use drones, or how it plans to support, manage or oversee the usage of drones by another department or office;

b. policies, guidelines, manuals and/or instructions on storage requirements or procedures for video or static images obtained through use of drones, including retention times;

c. the altitude at which drones can or do fly;

d. drones’ ability to carry weapons.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Shawn Musgrave