|Submitted||July 25, 2020|
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To Whom It May Concern:
Pursuant to the Kentucky Open Records Act, I hereby request the following records:
Any and all documents created after May 27, 2020 that meet the criteria below:
- Any lab tests, orders, or results that were conducted to determine the contents of items such as bottles or jars that were seized by police or from protesters, or that were collected by police after protesters threw them.
- Any correspondence or memos pertaining to those documents.
This is specifically in regards to a statement by Deputy Chief LaVita Chavous at a press conference on July 25, 2020 stating "We have taken some bottles to the lab to see what's inside of them." , in response to the question "When bottles are thrown at police, are they taken to a lab to see what's in them?".
Please note that this request is not being made for commercial purposes.
- The requested documents will be made freely available to the general public, without charge or fee.
- MuckRock is a registered *non-profit* (501(c)(3)) that files requests on behalf of the public. They charge for the assistance in filing (creating a template message, sending it to the correct organization, and tracking the response) but they do not use any of the records received for a commercial purpose, nor do they expect a profit as any funds received are used towards their stated mission: "To be the easiest way to request, analyze and share government documents in order to make politics more transparent and our democracy more informed".
- Louisville Metro Police have selectively released records to MuckRock in the past without designating them as commercial purpose (examples linked below).
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 calendar days.
Please note that the LMPD has not 'selectively' released records to MuckRock in the past. The LMPD previously released records to MuckRock prior to learning that MuckRock charges a fee to file open records request.
Per the first attachment 'filing requests through MuckRock starts at just $20.00 to file up to four requests....' The LMPD is treating your request as a Commercial Purpose request. Per KRS 61.870 (4)(a) a Commercial Purposes request is defined as...'the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary or fee.' Fees charged by Metro Louisville departments vary, see below for a breakdown of hourly charges. Please complete, notarize and return the attached Commercial Purpose form via email (notary not required at this time and you do not have to mail the original form back if you have emailed it) to move forward with your request. If this form is not returned in 10 business days (Friday, August 7, 2020) your request will be closed.
Metro fee per department - $25.00 per hour and up