[Kingsport, TN] Arrest of Joshua Gibbons for speeding
| Submitted | Oct. 26, 2022 |
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Communications
From: Adam Steinbaugh
To Whom It May Concern:
Pursuant to the Tennessee Public Records Act, I hereby request the following records:
1. Any police report, incident report, or other report in connection with Case No. RK76414 or otherwise related to the citation issued to Joshua Gibbons on or about October 18, 2022.
2. Any police report, incident report, or other report in connection with any encounter with Joshua Gibbons on or after September 1, 2022.
3. Any warrant application or affidavit in connection with Case No. RK76414 or otherwise related to the citation issued to Joshua Gibbons on or about October 18, 2022.
4. Any policy or handbook concerning officers' use of motor vehicles, specifically including compliance with traffic laws.
5. A roster of officers employed by the department.
6. Any correspondence (including emails, text messages, social media messages, or reports) sent to or from any of the following PERSONS which includes any of the following TERMS:
PERSONS:
- Chief Dale Phipps
- Deputy Chief Jason Bellamy
- Commander Sean Chambers
- Captain Mike Roark
- Captain Randall Gore
TERMS:
"Gibbons"
"YouTube"
"Speeding"
Request No. 6 is limited to records generated on or after January 1, 2022.
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 7 business days, as the statute requires.
Sincerely,
Kent Hoover, a citizen of Tennessee, in coordination with Adam Steinbaugh.
From: Kingsport Police Department
Mr. Hoover,
Pursuant to Section 3.1.2 of the attached Public Records Policy as adopted by the City of Kingsport in addition to TCA 10-7-503(a)(7)(A)(vi) which states "A governmental entity may require a person making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person's address. If a person does not possess photo identification, then the governmental entity may require other forms of identification evidencing the person's residency in this state." You will need to provide a government issued photo ID or if you not possess one please contact me to discuss alternatives.
I have also attached our adopted public records request form which I respectfully ask you to complete to indicate the maximum charge you are willing to incur, if any, without further consultation with the City. There is no charge for the first hour of labor to produce requested records, however labor will be charged for any time beyond the first hour. Based on the search terms under Item 6, there are 1,621 emails that need to be reviewed. I am estimating it could take up to 16 hours at the most to complete this request. At a rate of $29.64 per hour for 15 hours, this would result in a maximum charge of $444.60.
Once these issues have been addressed the City will fulfill the request in accordance with the Tennessee Public Records Act.
Angie Marshall, MMC
City Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D8EDF5.208ECEB0]
Region V Director 2021 - 2024
From: Adam Steinbaugh
Hello --
Can you provide a revised estimate for the cost if Item 6 were amended to read:
6. Any correspondence (including emails, text messages, social media messages, or reports) sent to or from any of the following PERSONS which includes any of the following TERMS as limited by the dates shown below:
PERSONS:
- Chief Dale Phipps
- Deputy Chief Jason Bellamy
- Commander Sean Chambers
- Captain Mike Roark
- Captain Randall Gore
TERMS:
"Gibbons" [for emails sent or received on or after January 1, 2022]
"YouTube" [for emails sent or received on or after January 1, 2022]
"Speeding" [for emails sent or received on or after October 9, 2022]
Thank you!
From: Kingsport Police Department
That results in a total of 903 emails, so I would estimate possibly 9 hours. Subtracting the first hour, the charge for 8 hours would be $237.12.
Angie Marshall, MMC
City Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D8EE2C.51EB81B0]
Region V Director 2021 - 2024
From: Muckrock Staff
Hello,
Please see attached. Thank you for your help with this request!
From: Kingsport Police Department
Thank you. Do you wish for me to proceed processing the request in its entirety with the revised parameters for Item 6?
Angie Marshall, MMC
City Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D8F053.078B6F80]
Region V Director 2021 - 2024
From: Adam Steinbaugh
Hello --
Can you proceed with the amended parameters (i.e., limiting "speeding" to on or after 10/9/22)?
Thanks!
From: Kingsport Police Department
Yes, thank you. Item 6 will take longer to gather but I can go ahead and get the other information to you when I get it.
Angie Marshall, MMC
City Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D8F057.552811E0]
Region V Director 2021 - 2024
From: Adam Steinbaugh
Understood. I can also modify Item 6 so that the "speeding" request only seeks communications between 10/9/22 and 10/20/22. That may make things easier on your end.
Thanks!
From: Kingsport Police Department
Thank you for your patience. The records request has been completed and took 7 hours to fulfill. Subtracting the one-hour threshold the total cost for this request is $177.84 for six hours at $29.64/hour. You can send a check made payable to the City of Kingsport or come by city hall and pay directly at the teller windows in the lobby if you prefer to use cash or a credit card. Once payment is received, I can email you the records or burn them to a cd. Just let me know you wish to proceed.
Angie Marshall, MMC
Municipal Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D8F5F5.122E5A90]
Region V Director 2021 - 2024
From: Adam Steinbaugh
Thank you! This check is in the mail.
From: Adam Steinbaugh
Ms. Marshall --
Just wanted to follow up on this request. Did you receive the check?
Thanks again!
From: Kingsport Police Department
I received your check on Wednesday last week but our mail had already run and then offices were closed the rest of the week for the holiday. There were too many files to email so I had to put them on a CD and It is in the mail to you now. I apologize for the delay. Thank you for your follow up and patience.
Angie Marshall, MMC
Municipal Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D903D5.B36DDFA0]
Region V Director 2021 - 2024
From: Adam Steinbaugh
No problem at all. Thanks for the quick response!
From: Adam Steinbaugh
Ms. Marshall --
For some reason, the CD still hasn't arrived. There may be an issue with the mail in my area (I just received a letter last week that was postmarked October 5).
Would it be possible to upload the files directly to my Dropbox? That's here: https://www.dropbox.com/request/wGf3q7Uf6l5rmq9rnEyo.
Thanks in advance, and sorry for the hassle.
From: Kingsport Police Department
I apologize you haven't received the disc.. I checked with our IT department and was advised to not upload into outside links for cyber security purposes. Just to verify I mailed it to your attention here:
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 135796
263 Huntington Ave
Boston, MA 02115
If this is not correct please let me know and I will resend it certified mail. Again I'm sorry for the delay.
Angie Marshall, MMC
Municipal Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D90E26.44C5CC60]
Region V Director 2021 - 2024
From: Adam Steinbaugh
Understood. Could you send it to this address?:
Adam Steinbaugh
FIRE
510 Walnut Street, Suite 1250
Philadelphia, PA 19106
Thanks!
From: Kingsport Police Department
Yes I will send it out today.
Angie Marshall, MMC
Municipal Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D90E32.8E96C720]
Region V Director 2021 - 2024
From: Adam Steinbaugh
Hello Angie --
Thank you for providing these records. I have a follow-up request for the following records. Can you let me know how much this would cost?
1. The personnel records of Det. Craig Dunworth.
2. Any video or audio recorded by Det. Craig Dunworth or the vehicle he was driving (No. 2396, license plate 6354-GD) on October 9, 2022 between the hours of 7:00 p.m. and 11:00 p.m.
3. Any emails, text messages, social media messages, or other communications sent by Det. Dunworth on October 9, 2022 between 7:00 p.m. and the end of his shift.
4. Any report made by Det. Dunworth to any supervising officer, or to his lieutenant, concerning the events on October 9, 2022 at or near the Cookout restaurant.
5. Any 911 calls, tapes, Computer-Aided Dispatch entries, or other incident reports generated by the Kingsport Police Department between 7:00 p.m. and 11:00 p.m. on October 9, 2022. This request is limited to incidents mentioning the Cookout restaurant or in the 1400 to 1800 blocks of E. Stone Drive.
6. Any communications (including emails, text messages, social media messages, or memoranda) sent to or from Det. Robert Mills on October 17 or 18, 2022.
7. Any email sent to PoliceSworn@KingsportTN.gov after January 1, 2020, which includes the word "warrant" and any of the following words: "speeding", "cellphone", or "cell phone."
8. Any policy concerning enforcement of any of the following: disorderly conduct, Tenn. Code § 39-17-305, speeding, Tenn. Code § 55-8-152, use of a cell phone while driving, Tenn. Code § 55-8-199.
9. Any emails, text messages, social media messages, or other communications sent to or from Dale Phipps, Jason Bellamy, Sean Chambers, Craig Dunworth, or Robert Mills since January 1, 2021 which contain any of the following terms: "Big G Audits", "Joshua Gibbons", or "Josh Gibbons".
10. Any records reflecting any training provided to any Kingsport police officers since January 1, 2012 concerning the First Amendment.
Thank you!
From: Kingsport Police Department
I apologize for the delay in responding. I was hoping to have everything together but there are still approximately 100 emails that need to be read through. There is well over an hour invested already and I estimate the emails will take 1-2 more hours. Worst case scenario you would be looking at $58.20 for labor. Please let me know if you wish to proceed.
Angie Marshall, MMC
Municipal Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D9239D.10F79940]
Region V Director 2021 - 2024
From: Adam Steinbaugh
No problem at all — that’s much quicker than most agencies! Happy to authorize that. Thanks!
From: Kingsport Police Department
It ended up taken longer than two hours but since that’s what I estimated the charge will still just be $58.20. I will mail a disc again but please give the address again that you want it to go to. Thank you.
Angie Marshall, MMC
Municipal Clerk/Deputy City Recorder
City of Kingsport, Tennessee
P: 423-229-9384
F: 423-224-2832
angiemarshall@kingsporttn.gov<mailto:angiemarshall@kingsporttn.gov>
[kingsport_Logo_72 - email sig]
415 Broad Street
Kingsport, TN 37660
www.kingsporttn.gov<http://www.kingsporttn.gov/>
[cid:image002.png@01D9276F.CC605A20]
Region V Director 2021 - 2024
From: Adam Steinbaugh
Hello --
I'll send a check out today. The address is:
Adam Steinbaugh
FIRE
510 Walnut Street, Suite 1250
Philadelphia, PA 19106
Thanks again!
From: Adam Steinbaugh
Hello --
Just wanted to follow up. Were you able to send the CD to the Philadelphia address?
Thanks in advance,
Adam Steinbaugh
From: Adam Steinbaugh
Nevermind! The CD arrived today. Please forgive my impatience, and thanks again!
From: Kingsport Police Department
Ok good. Thanks.
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