Predpol documents, Merced (Merced Police Department)

Ms. Haskins,

The City of Merced is in receipt of your Public Records Request dated October 30, 2018 (see below). The City is working with Predpol to identify records responsive to your request. Please accept this extension request for an additional 14 days to respond as provided for in the Act per Government Code 6253(c)(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. The City will respond on or before November 26, 2018 due to the Thanksgiving Holiday. Additionally, please send the original request to cityclerk@cityofmerced.org<mailto:cityclerk@cityofmerced.org> as I have no access to the request on your site as it was sent to the Merced Police Department originally and forwarded to us. Thank you.

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John Tresidder, CMC
Assistant City Clerk
City of Merced | 678 W. 18th Street | Merced, CA 95340
(209) 388-7122 | tresidderj@cityofmerced.org<mailto:tresidderj@cityofmerced.org> | www.cityofmerced.org<http://www.cityofmerced.org/>
Follow us on Twitter: @MercedCityClerk

To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Recent media reports suggest that the Merced Police Department has made use of or will make use of Predpol predictive policing software. (https://boingboing.net/2018/10/30/el-monte-and-tacoma.html)
Therefore, I am requesting the following records related to the above program:
* Any software and algorithms developed for the implementation of the program. I'm particularly interested in any algorithms that have a public policy outcome, such as providing guidance on a policy or an assessment of an individual. More generally, I would like any software that was developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program. This would include original source code, any compiled binaries (also known as executables), spreadsheets, program scripts, and other digital materials used to calculate any data in the above program. It would also include the input training data for machine learning algorithms. Collectively, these responsive materials will be referred to as "the software" in the following paragraphs.
* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software." This includes any notes taking during meetings that discussed the use of the software, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries. This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software.
* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.
* A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.
* A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program, and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By "validation study," I mean any study designed to assess how accurate the program is in predicting what it is supposed to predict, or to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way.
* For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. It will be used in the course of reporting for Motherboard, VICE's science and technology website (www.motherboard.vice.com<http://www.motherboard.vice.com>).
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 10 calendar days, as the statute requires.
Sincerely,
Caroline Haskins
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/accounts/agency_login/merced-police-department-8784/predpol-documents-merced-merced-police-department-63080/?email=bertramj%40cityofmerced.org&uuid-login=6d3cacca-a1e1-49a7-945f-4f3f0634a449#agency-reply
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Ms. Haskins,

Please see the City's responses in your original request below. The City has no further documents responsive to this request. Thank you.

John Tresidder
Assistant City Clerk

To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Recent media reports suggest that the Merced Police Department has made use of or will make use of Predpol predictive policing software. (https://boingboing.net/2018/10/30/el-monte-and-tacoma.html)
Therefore, I am requesting the following records related to the above program:
* Any software and algorithms developed for the implementation of the program. I'm particularly interested in any algorithms that have a public policy outcome, such as providing guidance on a policy or an assessment of an individual. More generally, I would like any software that was developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program. This would include original source code, any compiled binaries (also known as executables), spreadsheets, program scripts, and other digital materials used to calculate any data in the above program. It would also include the input training data for machine learning algorithms. Collectively, these responsive materials will be referred to as "the software" in the following paragraphs.

The City does not own or maintain the software or algorithms as we only license it. We have no documents responsive to this portion of your request.

* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software." This includes any notes taking during meetings that discussed the use of the software, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries. This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software.

The City has no documents responsive to this portion of your request.

* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.

Please find attached two agreements the City has responsive to this portion of your request. There are no other items responsive to this portion of your request.

* A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.

The City has no documents responsive to this portion of your request.

* A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program, and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By "validation study," I mean any study designed to assess how accurate the program is in predicting what it is supposed to predict, or to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way.

The City has no documents responsive to this portion of your request.

* For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material.

Please find attached the data that the City provides to Predpol for use in the software. The City has no more documents responsive to this portion of your request.