Sustained findings since 2017
| Submitted | Nov. 14, 2022 |
| Est. Completion | None |
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Communications
From: Ananya Tiwari
To Whom It May Concern:
Pursuant to the Florida Sunshine Law, I hereby request the following records:
Pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S., I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs Unit of the Miramar Police, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.
I am requesting digital copies of all responsive documents.
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.
Here, misconduct includes, but is not limited to:
Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.
False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.
As per the Florida statutes, any record made or received in connection with the transaction of official business is a public record subject to disclosure, unless there is a specific statutory exemption making that record, or the information contained therein, confidential or exempt. Without an express legislative exemption, law enforcement personnel records are open to inspection just like those of other public employees and until the investigation is no longer active or until the agency head or his designee provides written notice to the officer who is the subject of the complaint that the agency has concluded the investigation with a finding to either proceed or not to proceed with disciplinary action or the filing of charges.
Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial as required by s. 119.07(1)(d), F.S.
I will contact your office within one week to discuss when I may expect fulfillment of my request, and payment of any statutorily prescribed fees. If you have any questions in the interim, you may contact me at 415-769-8210 or ananyatiwarijournalism@gmail.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 business days.
Sincerely,
Ananya Tiwari
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on Nov. 14, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on Nov. 14, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Miramar Police Department
Good afternoon,
The City Clerk’s Office is in receipt of your request and it has been forwarded to the appropriate department.
Thank you.
[Description: cid:image002.png@01D1C62C.4A964DC0]
DENISE A. GIBBS, CMC
City Clerk | Office of the City Clerk
City of Miramar | 2300 Civic Center Place, Miramar, FL 33025
O: 954.602.3014| F: 954.602.3443| dagibbs@miramarfl.gov<mailto:dagibbs@miramarfl.gov>
Hours: M – Th., 7am – 6pm, F – Closed | www.miramarfl.gov<http://www.miramarfl.gov/>
It’s Right Here In Miramar… And So Are You!
[Description: cid:image003.jpg@01D1C62C.4A964DC0]<http://www.facebook.com/cityofmiramar> [Description: cid:image004.jpg@01D1C62C.4A964DC0] <http://www.pinterest.com/cityofmiramar/> [Description: cid:image005.jpg@01D1C62C.4A964DC0] <http://www.instagram.com/cityofmiramar> [Description: cid:image006.jpg@01D1C62C.4A964DC0] <http://www.youtube.com/itsrighthereinmiramar> [Description: cid:image007.jpg@01D1C62C.4A964DC0] <http://www.twitter.com/cityofmiramar> [Description: cid:image008.jpg@01D1C62C.4A964DC0] <google.com/+MiramarTV>
Please consider the environment before printing this email.
Please note: Florida has a very broad public records law. Most written communications to or from City officials regarding city business are public records and are available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from public disclosure. If you have received this email in error, please notify the City of Miramar immediately by return email.
From:
Thank you for submitting a request for records.
Your request reference number is Request Number: 8526. Please allow staff 14 days to provide the information.
Please have this reference number available when communicating with our staff regarding your request.
Note: This is an automated email notification. Please do not respond to this email.
From: Miramar Police Department
Good afternoon,
Please see response below.
There are five cases that fit the below criteria. A total of 173 documents linked to these cases will need to be reviewed and redacted in accordance with F.S. 119 and Marsy's Law. It is estimated that it will take approximately six hours to complete this portion of the request at a hourly rate of $41.82 (lowest paid hourly rate for Internal Affairs) totaling $250.92. There will be a charge of 15 cents per page (273 x .15), totaling $40.95. We would need payment of $291.87 for the documents portion of the request to be fulfilled.
The body-worn camera portion of the request will incur additional fees. Please note that the department's body-worn camera program began in Oct. 2019. In order to prepare an estimate for this portion and to minimize costs, we need more information (case number or date and incident type and location or date and incident type and officer's name, etc.). We recommend that once the documents are reviewed by the requestee, a case number is provided for the requested incidents captured by body-worn camera. Separate estimates will be generated by case, based upon the number of videos uploaded and the length of time for each video.
If you have any questions, please contact Tania Rues at 954-602-4015
[Description: cid:image018.png@01D1EBF0.B0863980]
NARVA N. BARRETT-FORBES, CMC
Deputy City Clerk | Office of the City Clerk
City of Miramar | 2300 Civic Center Place, Miramar, FL 33025
O: 954.602.3015 | F: 954.602.3444 | nnbarrettforbes@miramarfl.gov<mailto:nnbarrettforbes@miramarfl.gov>
Hours: M - Th., 7am - 6pm, F - Closed | www.miramarfl.gov<http://www.miramarfl.gov/>
It's Right Here In Miramar... And So Are You!
[Description: cid:image019.jpg@01D1EBF0.B0863980]<http://www.facebook.com/cityofmiramar> [Description: cid:image020.jpg@01D1EBF0.B0863980] <http://www.pinterest.com/cityofmiramar/> [Description: cid:image021.jpg@01D1EBF0.B0863980] <http://www.instagram.com/cityofmiramar> [Description: cid:image022.jpg@01D1EBF0.B0863980] <http://www.youtube.com/itsrighthereinmiramar> [Description: cid:image023.jpg@01D1EBF0.B0863980] <http://www.twitter.com/cityofmiramar> [Description: cid:image024.jpg@01D1EBF0.B0863980] <google.com/+MiramarTV>
Please consider the environment before printing this email.
Please note: Florida has a very broad public records law. Most written communications to or from City officials regarding city business are public records, and are available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from public disclosure. If you have received this email in error, please notify the City of Miramar immediately by return email.
From: Dilcia Mercedes
Hi,
Thank you for your follow up message and the estimate. I need to review the potential charges with my team. We will get back to you soon regarding whether we can move forward with this request.
Thank you!
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on Nov. 14, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on Nov. 14, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Dilcia Mercedes
Thank you for sharing this cost estimate with us.
We would like an estimate for all of the bwc footage associated with the five cases you found that fit our criteria.
I understand that the agency thinks it would make sense for us to review the documents and then decide what footage we want.
However, on my end, we need to give as complete an estimate as possible and it's better for me to have an idea of what both parts of this request will cost us in total, even if we end up requesting less of the bwc footage in the end.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on Nov. 14, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Dilcia Mercedes
Hi again,
My team is working on a decision for this case - could you let us know how much it would cost for us to get bwc footage as well? We would highly appreciate it.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on Nov. 14, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From:
A fee has been issued for your request for records.
The requested records for 8526 have been processed and will be released pending payment of the issued fee.
View request status: Request Number: 8526
From: Miramar Police Department
Good afternoon,
Please see the attached invoice for payment related to your request. You can utilize the link below and reference your request number (8526) to submit payment electronically. Alternatively, payment can also be mailed to the following address:
City of Miramar
Office of the City Clerk
2300 Civic Center Place
Miramar, FL 33025
Please note: The body-worn camera portion of the request will incur additional fees. The body-worn camera program began in Oct. 2019 and in order to prepare an estimate for this portion and to minimize costs, we need more information (case number or date and incident type and location or date and incident type and officer's name, etc.). We recommend that once you receive and review the case documents, you provide us with the case number for each incident you require body-worn camera footage for. Once that is done, a separate estimate will be generated for each case, based upon the number of videos uploaded and the length of time for each video.
Please do not hesitate to contact me with any questions or concerns.
Thank you
https://miramarfl.justfoia.com/PublicPortal
[cid:image001.png@01D9618C.D4EE19F0]
Phibe Wallace
Records Coordinator | Office of the City Clerk
City of Miramar | 2300 Civic Center Place
O: 954.602.3012 | F: 954.602.4492 | pmwallace@miramarfl.gov<mailto:pmwallace@miramarfl.gov>
Hours: M - Th., 7am - 6pm, F - Closed | www.miramarfl.gov<http://www.miramarfl.gov>
[cid:image003.png@01D9618C.D4EE19F0]<http://www.facebook.com/cityofmiramar> [cid:image004.png@01D9618C.D4EE19F0] <http://www.instagram.com/cityofmiramar> [cid:image005.jpg@01D9618C.D4EE19F0] <http://www.youtube.com/itsrighthereinmiramar> [cid:image006.jpg@01D9618C.D4EE19F0] <http://www.twitter.com/cityofmiramar>
[cid:image007.png@01D9618D.ADC8EED0]<http://www.census2020.gov/>
Please consider the environment before printing this email.
Please note: Florida has a very broad public records law. Most written communications to or from City officials regarding city business are public records and are available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from public disclosure. If you have received this email in error, please notify the City of Miramar immediately by return email.
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