Las Vegas PD PRR

Hello Maxine Doogan,

Public Record Request Title

Public Record Request - Maxine Doogan  

Public Record Request #

NPR2023-0049183 

Name of Requestor

Maxine Doogan 

Status

Submitted 

Request Submitted Date

11/6/2023 5:00 PM 

Your Public Record Service Request has been successfully submitted. You will be notified by email if more information or payment is required and when your request is completed. The Las Vegas Metropolitan Police Department - Public Records Unit hours of operation are 8 a.m. to 5 p.m., Monday through Friday, excluding holidays, Juneteenth, Nevada Day, the day after Thanksgiving and December 24th. Any public record requests made outside of normal business hours will be deemed received the next business day. At any time, you may monitor the status of your request by logging into your Public Records portal account.

***Please note that holidays that fall on a Saturday or Sunday will be observed the preceding Friday or the following Monday. There are 13 holidays that LVMPD observes throughout the year. Based on this information, adjust your request accordingly.

https://lvmpd-portal.dynamics365portals.us/<https://lvmpd.microsoftcrmportals.com>

Thank you,

Las Vegas Metropolitan Police Department
400 S. Martin L. King Boulevard
Las Vegas, Nevada 89106
702-828-7489
Monday-Friday 8am to 5pm

Hello Maxine Doogan,

Public Record Request Title

Public Record Request - Maxine Doogan  

Public Record Request #

NPR2023-0049183 

Name of Requestor

Maxine Doogan 

Status

On Hold - Customer Clarify 

Request Submitted Date

Good Afternoon Maxine,
We have made several attempts to contact you regarding your request. The phone number provided on your account seems to be incorrect. Can you please contact us at 702-828-7489 to discuss your requests. If we do not hear back, this request will be marked as closed

Respectfully.
Public Records Unit
Las Vegas Metropolitan Police Department
( 702.828.7489 Desk
[cid:image.png@59d497ba592d01cd0b6c1e6.59d497ba5]

December 12, 2023

Maxine Doogan
requests@muckrock.com<mailto:requests@muckrock.com>

Re: Public Records Request dated November 05, 2023
LVMPD NPR2023-0049183

Dear Maxine Doogan:

This correspondence is in response to your public records request dated November 05, 2023, which was received by the Las Vegas Metropolitan Police Department (LVMPD) Public Records Unit (PRU) on or about November 07, 2023. PRU responds as follows:

Request No. 1

“Please provide the following information: Lists all technologies including the names of all products, manufacturers and model numbers for artificial intelligences, algorithms, databases, database locations, data analytic centers, softwares, facial recognition technologies, predictive policing programs, hot spot mapping systems, mobile applications, automated license plate readers, cameras; body worn or otherwise, audio and video recording equipment, stingrays, digital receiver technologies, reports, (including but not limited to police reports/citation numbers), financial documents, field interviews cards
used in securing Nevada Revised Statute § 201.354 citations/arrests for the time period 1/1/2022 through November 30, 2023.”

Response to Request No. 1

As discussed during our phone conversation on December 12, 2023, LVMPD does not track the technologies used to facilitate arrests. In order to determine if technologies, products, databases, etc. were used, each individual arrest report would have to be reviewed. Therefore, this portion of your request is burdensome.

The records you seek are not readily available and would be unduly burdensome to gather, compile, redact, and produce.
A public entity need not produce records that are not readily available and would require research, compilation, and redaction to produce. See Lunney v. State, 418 P.3d 943, 954 (Ariz. Ct. App. 2017) (recognizing that the agency was not required to respond to the burdensome request); Shehadeh v. Madigan, 996 N.E.2d 1243, 1249 (Ill. App. Ct. 2013) (holding that the Attorney General satisfied its burden by explaining that its staff members would have to go through all of the 9,200 potentially responsive documents by hand); Beckett v. Serpas, 112 So.3d 348, 353 (La. App. Ct. 2013) (determining that segregating 10-years’ worth of files is unreasonably burdensome); Community Youth Athletic Ctr. v. City of Nat’l City, 164 Cal.Rptr.3d 644, 676, 220 Cal.App.4th 1385, 1425 (2013) (generally, an agency is not required to undertake extraordinarily extensive or intrusive searches, and in general, the scope of an agency’s search for public records need only be reasonably calculated to locate responsive documents) .
To determine if producing documents “poses an unreasonable administrative burden,” courts consider whether the general presumption in favor of disclosure is overcome by: “(1) the resources and time it will take to locate, compile, and redact the requested materials; (2) the volume of materials requested; and, (3) the extent to which compliance with the request will disrupt the agency's ability to perform its core functions.” Lunney, 418 P.3d at 954; cf.

NAC 239.860 (defining “readily available” for purposes of State agencies as records that are “easily retrievable,” “not confidential,” and having a “nature...such that an officer, employee or agent of the agency…is not required to review the record to determine whether the record includes confidential information”).
Please reformulate your request. If you can narrow your focus to records that are readily available, LVMPD can proceed with researching your request.

The Las Vegas Metropolitan Police Department (LVMPD) does not maintain any particular record containing the information you are seeking. Moreover, LVMPD databases cannot “readily compile the requested information.” See Public Employees Retirement System of Nevada v. Nevada Policy Research Inst., Inc., --- Nev. ---, 429 P.3d 280, 288 (2018), quoting Las Vegas Metro. Police Dep’t v. Blackjack Bonding, Inc., 131 Nev. 80, 87, 343 P.3d 608, 613 (2015).
In other words, your request requires LVMPD to do more than simply “[s]earch[] an electronic database to produce existing records and data….”

Public Employees Retirement System at 287, quoting ACLU of Arizona v. Arizona Dep’t of Child Safety, 377 P.3d 339, 346 (Ariz. Ct. App. 2016). Rather, your request requires LVMPD to “compile information about the information [the database] contains.” Id. (emphasis added).
As such, your request requires the creation of a new record, which LVMPD has no duty to do under the Nevada Public Records Act. Public Employees Retirement System at 286.

Request No. 2

“Please provide all citation/arrest numbers for Nevada Revised Statute § 201.354 and Nevada Revised Statute § 201.353 (To include all Sub Sections) for the time of January 01, 2022 through November 30, 2023.”

Response to Request No. 2

We are actively corresponding with the appropriate unit(s) to determine what documents, if any, are responsive.

Please be advised The Nevada Public Records Act permits public entities to “charge a fee for providing a copy of a public record” as long as the fee does “not exceed the actual cost to the government entity to provide the copy of the public record.” NRS 239.052(1). “Actual cost” is defined broadly as “the direct cost related to the reproduction incurred by a governmental entity in the provision of a public records, including without limitation, the cost of ink, toner, paper, media and postage.” NRS 239.005(1). The latter statute was amended in 2019 by the Nevada Legislature via Senate Bill 287. The legislative history indicates that public entities may charge for labor and personnel costs when compilation and redaction are required.

We will advise if there will be a fee after corresponding with the appropriate unit.
You can expect to be updated on the progress of your request no later than 01/02/2024

Sincerely,
Public Records Unit (PRU)
Las Vegas Metropolitan Police Department

Hello Maxine Doogan,

Public Record Request Title

Public Record Request - Maxine Doogan  

Public Record Request #

NPR2023-0049183 

Name of Requestor

Maxine Doogan 

Status

Complete 

Request Submitted Date

11/6/2023 5:00 PM 

Your Public Record Service Request has been completed. Please login to our Public Records portal at the link below to collect the records you’ve requested. Records will be available for 14 days. If you have requested Body Camera Video, you may be contacted with additional instructions for downloading.

https://lvmpd-portal.dynamics365portals.us/<https://lvmpd.microsoftcrmportals.com>

Thank you,

Las Vegas Metropolitan Police Department
400 S. Martin L. King Boulevard
Las Vegas, Nevada 89106
702-828-7489
Monday-Friday 8am to 5pm

Hello Maxine Doogan,

Public Record Request Title

Public Record Request - Maxine Doogan  

Public Record Request #

NPR2023-0049183 

Name of Requestor

Maxine Doogan 

Status

Complete 

Request Submitted Date

11/6/2023 5:00 PM 

Your Public Record Service Request has been completed. Please login to our Public Records portal at the link below to collect the records you’ve requested. Records will be available for 14 days. If you have requested Body Camera Video, you may be contacted with additional instructions for downloading.

https://lvmpd-portal.dynamics365portals.us/<https://lvmpd.microsoftcrmportals.com>

Thank you,

Las Vegas Metropolitan Police Department
400 S. Martin L. King Boulevard
Las Vegas, Nevada 89106
702-828-7489
Monday-Friday 8am to 5pm