MISSOURI police certification 2023-01-03

Maggie Green filed this request with the POST of Missouri.

It is a clone of this request.

Status
Completed

Communications

From: Maggie Green

To Whom It May Concern:

This is a public records request made via MuckRock under the The Missouri Sunshine Law, seeking records related to law enforcement officer certification in this state.

This request is brought by Big Local News along with a collaboration of news organizations, including ABC News, KQED, MuckRock and other news organizations. Big Local News is a program of Stanford University’s Journalism and Democracy Initiative and helps journalists collect, process and analyze public data.

We are seeking two categories of certification records:

* All certified officers
All law enforcement officers who are actively certified as of the date of this request (or when the request is processed). If your system maintains historical records of previously certified officers who are no longer active, please include them as far back as possible. If correctional officers are certified by your agency, please include them as well.

* Decertified officers
All law enforcement officers who have been decertified through revocations, voluntary surrenders, suspensions or any other actions going back as far as possible. Please include records for decertified correctional officers if available.

Data elements for certified officers:
* Officer unique ID number
* POST or state certification ID number
* Officer’s full name
* Officer’s date of birth or, if not releasable, year of birth or current age
* Officer’s city and/or zip code of residence
* Officer’s last/current department or agency
* Officer’s last/current department or agency start date
* Officer’s last/current position and/or rank at that department or agency
* Officer’s previous departments/agencies (employment history), with start and end dates
* Officer’s positions and/or ranks at previous departments or agencies
* Officer’s original date of certification
* Current status of certification (active, lapsed, expired, suspended, etc.)
* Last action taken on certification
* Date of last action on certification
* Disciplinary actions taken against this officer’s certification
* Dates of disciplinary actions taken against this officer’s certification
* Training history/additional certifications of this officer, if available

Data elements for decertified officers:
* Officer unique ID number
* POST ID number
* Officer’s full name
* Officer’s date of birth or, if not releasable, year of birth or current age
* Officer’s city and/or zip code of residence.
* Officer’s last department/agency, with start and end date
* Officer’s last position and/or rank at that department or agency
* Decertification action taken (revocation, suspension, voluntary surrender, etc.)
* Date decertification action taken
* POST case number, if applicable
* Reason for decertification or similar action

If your certification system contains data elements not listed above, please include them in the response, provided they are releasable under the law. On the other hand, we recognize some of the information we are asking for may not be tracked by your system. If that is the case, we are willing to accept as many of the data elements as your agency maintains. If some records are more readily available, we are happy to receive partial information as soon as possible while the remaining request is processed.

In addition to the data elements listed, we request documentation necessary to understand and interpret the data, including but not limited to record layouts, data dictionaries, code sheets, lookup tables, etc.

Our preference is to receive structured data provided in a machine-readable text file, such as delimited or fixed-width formats. We can also handle a variety of other data formats including SQL databases, Excel workbooks and MS Access. If there are additional formats your agency would prefer to provide, please let us know.

We are seeking this information as a news media organization on a matter of public interest concerning the conduct of government. As such, we ask for a waiver of all fees, if allowed under state law. If fees are necessary to reimburse the agency for actual costs, we agree to pay up to $100. If costs exceed that amount, please let us know before fulfilling the request.

Please send clarifications and questions via electronic communication at any time. Thank you very much for your time and attention to this request.

Maggie Green
ABC-Owned Television Stations
(901)517-1963

From: POST

This email is in response to your Missouri Sunshine Law request received on Jan. 3, 2023 (below). Attached is a Excel spreadsheet with the open information that you requested. By state statute the only open information is an officer’s name, license status and commissioning agency, if any, at the current time (see statute posted below).

In some instances a License Class may be listed as “unknown.” This means that the officer was licensed before POST’s electronic system was implemented and the information is not available.

The information about “decertified” officers can be found in the License Status column as “Revoked” and “Surrendered.” In Missouri, these are both permanent.

Missouri Revised Statutes
Chapter 590
Peace Officers, Selection, Training and Discipline
Section 590.180

August 28, 2013

Licensure status of peace officer inadmissible in determining validity of arrest--open records of peace officers.
590.180. 1. No arrest shall be deemed unlawful solely because of the licensure status of a peace officer, and evidence on the question cannot be received in any civil or criminal case.
2. The name, licensure status, and commissioning or employing law enforcement agency, if any, of applicants and licensees pursuant to this chapter shall be an open record. All other records retained by the director pertaining to any applicant or licensee shall be confidential and shall not be disclosed to the public or any member of the public, except with written consent of the person or entity whose records are involved, provided, however, that the director may disclose such information in the course of voluntary interstate exchange of information, during the course of litigation involving the director, to other state agencies, or, upon a final determination of cause to discipline, to law enforcement agencies. No closed record conveyed to the director pursuant to this chapter shall lose its status as a closed record solely because it is retained by the director. Nothing in this section shall be used to compel the director to disclose any record subject to attorney-client privilege or work-product privilege.

Mike O’Connell
Communications Director
Missouri Department of Public Safety
Office: (573)751-4819
Cell: (573)301-2022
Mike.oconnell@dps.mo.gov<mailto:Mike.oconnell@dps.mo.gov>
Follow the Missouri Department of Public Safety on Twitter @MoPublicSafety<https://twitter.com/MoPublicSafety>
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From: Maggie Green

Good morning Mr. O'Connell,

Thank you so much for your prompt response to our request. I appreciate the data you were able to send thus far. I understand that much of the information we requested is considered a closed record, however, I was wondering if you might be able to send the following:

* Last agency to which decertified officers reported
* Officer’s last/current position and/or rank at that department or agency
* Agency start dates for both certified and decertified officers
* Disciplinary actions taken against this officer’s certification
* Dates of disciplinary actions taken against this officer’s certification
* Training history/additional certifications of this officer, if available
* Date decertification action taken for decertified officers
* POST case number, if applicable
* Reason for decertification or similar action for decertified officers

Please feel free to call me if you would like to discuss further. I look forward to your response.

All the best,
Maggie Green
(901)517-1963

From: POST

Ms. Green:

Please read the statute that I sent earlier and have pasted below. It’s just a few sentences. Yellow section is what I’m talking about. It’s quite clear and it’s a statutory exception to the Missouri Sunshine Law. We have provided all the information that is open under state law.

Missouri Revised Statutes
Chapter 590
Peace Officers, Selection, Training and Discipline
Section 590.180

August 28, 2013

Licensure status of peace officer inadmissible in determining validity of arrest--open records of peace officers.
590.180. 1. No arrest shall be deemed unlawful solely because of the licensure status of a peace officer, and evidence on the question cannot be received in any civil or criminal case.
2. The name, licensure status, and commissioning or employing law enforcement agency, if any, of applicants and licensees pursuant to this chapter shall be an open record. All other records retained by the director pertaining to any applicant or licensee shall be confidential and shall not be disclosed to the public or any member of the public, except with written consent of the person or entity whose records are involved, provided, however, that the director may disclose such information in the course of voluntary interstate exchange of information, during the course of litigation involving the director, to other state agencies, or, upon a final determination of cause to discipline, to law enforcement agencies. No closed record conveyed to the director pursuant to this chapter shall lose its status as a closed record solely because it is retained by the director. Nothing in this section shall be used to compel the director to disclose any record subject to attorney-client privilege or work-product privilege.

Mike O’Connell
Communications Director
Missouri Department of Public Safety
Office: (573)751-4819
Cell: (573)301-2022
Mike.oconnell@dps.mo.gov<mailto:Mike.oconnell@dps.mo.gov>
Follow the Missouri Department of Public Safety on Twitter @MoPublicSafety<https://twitter.com/MoPublicSafety>
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