Protest Documents
| Tracking # |
PR2021287384 |
| Submitted | June 27, 2021 |
| Est. Completion | None |
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Communications
From: Russell Facente
To Whom It May Concern:
Pursuant to the Arizona Public Records Law, I hereby request the following records:
Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "BLM" "black lives matter" "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "13-2903" "stop the steal" "stopthesteal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens".
"Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies, training materials, other manuals.
Arizona Public Records Law carries with it a presumption that all records are “open to the public for inspection as public records.” Carlson v. Pima County, 141 Ariz. 487, 490, 687 P.2d 1242 (1984). If this request is denied in part or in whole, please indicate the specific grounds for denial under the Public Records law and provide the name and address of the person to whom I may direct an appeal. All agreeable portions of otherwise exempt material must be produced. Moreover, under another Arizona Supreme Court case, the burden of justifying non-disclosure is on the party that seeks non-disclosure rather than on the party that seeks access. Mitchell v. Superior Court, 142 Ariz. 332, 690 P.2d 51, 53 (1984).
A.R.S. § 39-121 provides that “other matters in the custody” of public officers are open to inspection by the public. "Other matters subject to the public’s right of access include ‘documents which are not required by law to be filed as public records. . . .’" Salt River Pima-Maricopa Indian Cmty. v. Rogers, 168 Ariz. 531, 539, 815 P.2d 900, 908 (1991). "Other matters" include documents held by the public officer in his or her official capacity and in which the public’s interest in disclosure outweighs the governmental interest in confidentiality. Id. “Because the language of A.R.S. § 39-121.01(B) is so broad, [the Arizona Supreme] Court has abandoned any ‘technical distinction’ between public records and other matters.” Griffis v. Pinal Cty., 215 Ariz. 1, 4 n.5, 156 P.3d 418, 421 n.5 (2007) (quoting Carlson, 141 Ariz. at 490, 687 P.2d at 1245).
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,
Russell Facente
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. 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: Phoenix Police Department
Hello Russell Facente ,
Thank you for submitting your request on the City of Phoenix Police Department’s online portal. This request may take up to 30 business days to process. You can monitor the progress of your request through your online account at https://<https://www.phoenix.gov/atyourservice>phxpublicsafety.dynamics365portals.us/<https://www.phoenix.gov/atyourservice>. You will be contacted via email once your request has been completed. If you have any questions please call 602-534-1127 during regular business hours.
Service Request ID: PPD-PR2021287384
Service Request Type: Other
Status: Submitted
Requestor Name: Russell Facente
Report #:
Involved Party:
Description: To Whom It May Concern:
Pursuant to the Arizona Public Records Law, I hereby request the following records:
Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "BLM" "black lives matter" "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "13-2903" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens".
"Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies, training materials, other manuals.
Arizona Public Records Law carries with a presumption that all records are "open to the public for inspection as public records." Carlson v. Pima County, 141 Ariz 487, 490, 687 P.2d 1242 (1984). If this request is denied in part or in whole, please indicate the specific grounds for denial under the Public Records Law and provide the na
Date Submitted: 7/13/2021 2:32 PM
Thank you,
Public Records, Code Enforcement Unit
Phoenix Police Department
1717 E Grant St Suite 100
Phoenix, AZ 85034
(602) 534-1127
Monday-Friday 8am to 4pm
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
Thanks for your help, and let me know if further clarification is needed.
From: Phoenix Police Department
Good Afternoon,
For your Public Records Request PPD-PR2021287384 below, has produced over 71,000 items.
Pursuant to the Arizona Public Records Law, I hereby request the following records:
Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "BLM" "black lives matter" "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "13-2903" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens".
"Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies, training materials, other manuals.
Please respond back with revised search terms to lower the produced amount of items.
Thank you,
Public Records Team
Public Records and Services Unit
1717 E. Grant St. Ste #100
Phoenix, AZ 85034
Hours: Monday - Friday 8am to 4pm
Phone: 602-534-1127
From: Russell Facente
Good Afternoon,
Regarding Public Records Request PPD-PR2021287384:
Could you be more specific on what you mean by items? Did the search terms return 71,000+ unique records/documents, or return 71,000+ hits (i.e., one record containing multiple search terms or multiples of the same search term and thus multiple hits for the same record)?
I will modify my definition of records within this request to correspondence, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes. (Eliminating manuals, evaluations, orders, training materials, policies, notes).
I may be able to help further if you could please provide a breakdown of the records/hits by search term and/or record type. (e.g., 200 BLM, 70 "street medics," 900 "13-2903" and 12,500 emails, 120 operations checklists, 900 incident reports)
Thank you,
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
Thanks for your help, and let me know if further clarification is needed.
From: Phoenix Police Department
Good Morning Mr. Facente,
Our IT ran an email search for all the search terms you included in your email and the results came back with more than 71,000 items, I believe they are hits. If you can narrow down your search terms then I can have them run the search again. Please respond with what search terms you would like for them to run.
Thank you
Public Records Team
Creshawnda
Public Records, Public Records and Services Unit
Phoenix Police Department
1717 E Grant St Suite 100
Phoenix, AZ 85034
Monday-Friday 8am to 4pm
public.records.ppd@phoenix.gov<mailto:public.records.ppd@phoenix.gov>
p:602.534.1127 f:602.534-4599
"Policing with PRIDE"
PRIDE
Protection | Respect | Integrity | Dedication | Excellence
Visit us online!www.phoenix.gov/police<http://www.phoenix.gov/police>
Follow us on Twitter-www.twitter.com/phoenixpolice<http://www.twitter.com/phoenixpolice>
Subscribe to us on YouTube-www.youtube.com/phxpd<http://www.youtube.com/phxpd>
From: Russell Facente
Hello Creshawnda and Records Unit,
I have removed some search terms for this request. Here is my remaining request:
Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens".
"Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies, training materials, other manuals.
Records shall include original metadata whenever possible. Any records converted to PDF should remain text-searchable.
Thank you,
Russell Facente
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
Thanks for your help, and let me know if further clarification is needed.
From: Phoenix Police Department
Good Morning Russell,
This request PR2021287384 is still pending. There is no date at this time to expect a response by. We will notify you once your request has been processed.
Thank you.
Public Records Team
Creshawnda
Public Records, Public Records and Services Unit
Phoenix Police Department
1717 E Grant St Suite 100
Phoenix, AZ 85034
Monday-Friday 8am to 4pm
public.records.ppd@phoenix.gov<mailto:public.records.ppd@phoenix.gov>
p:602.534.1127 f:602.534-4599
"Policing with PRIDE"
PRIDE
Protection | Respect | Integrity | Dedication | Excellence
Visit us online!www.phoenix.gov/police<http://www.phoenix.gov/police>
Follow us on Twitter-www.twitter.com/phoenixpolice<http://www.twitter.com/phoenixpolice>
Subscribe to us on YouTube-www.youtube.com/phxpd<http://www.youtube.com/phxpd>
From: Phoenix Police Department
Good Morning Mr. Facente,
Your request that was narrowed down to Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens" has still produced over 30,000 potentially responsive records. This request presents an unreasonable burden under Arizona's public records law to manually review, redact and produce the responsive records from among the over 30,000 records.
We do have a batch that was processed for another request for a smaller time period using only "BLM" that produced 1473 pages of records. If you would like a copy of that the cost is $353.52. Please let me know if you wish to purchase a copy of those records. If not this quest will be closed.
Thank you,
Public Records Team
Creshawnda
Public Records and Services Unit
1717 E. Grant St. Ste #100
Phoenix, AZ 85034
Hours: Monday - Friday 8am to 4pm
Phone: 602-534-1127
From: Russell Facente
Hello Creshawnda,
You may reduce my request to the terms "legal observers" "street medics" "nlg" "lawyers guild" and "Behrens". The timeframe and document types of the search to remain the same.
Thank you,
From: Phoenix Police Department
Hello Russell,
Thank you. I will send this for them to run reduced search terms again.
Public Records Team
Creshawnda
Public Records, Public Records and Services Unit
Phoenix Police Department
1717 E Grant St Suite 100
Phoenix, AZ 85034
Monday-Friday 8am to 4pm
public.records.ppd@phoenix.gov<mailto:public.records.ppd@phoenix.gov>
p:602.534.1127 f:602.534-4599
"Policing with PRIDE"
PRIDE
Protection | Respect | Integrity | Dedication | Excellence
Visit us online!www.phoenix.gov/police<http://www.phoenix.gov/police>
Follow us on Twitter-www.twitter.com/phoenixpolice<http://www.twitter.com/phoenixpolice>
Subscribe to us on YouTube-www.youtube.com/phxpd<http://www.youtube.com/phxpd>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
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 Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
Thanks for your help, and let me know if further clarification is needed.
From: Phoenix Police Department
Good Morning Russell,
Your Public Records Request PPD-PR2021287384 is still pending.
Thank you.
Public Records Team
Creshawnda
Public Records, Public Records and Services Unit
Phoenix Police Department
1717 E Grant St Suite 100
Phoenix, AZ 85034
Monday-Friday 8am to 4pm
public.records.ppd@phoenix.gov<mailto:public.records.ppd@phoenix.gov>
p:602.534.1127 f:602.534-4599
"Policing with PRIDE"
PRIDE
Protection | Respect | Integrity | Dedication | Excellence
Visit us online!www.phoenix.gov/police<http://www.phoenix.gov/police>
Follow us on Twitter-www.twitter.com/phoenixpolice<http://www.twitter.com/phoenixpolice>
Subscribe to us on YouTube-www.youtube.com/phxpd<http://www.youtube.com/phxpd>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
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 Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
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 Arizona Public Records Law request, copied below, and originally submitted on June 27, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #PR2021287384.
Thanks for your help, and let me know if further clarification is needed.
From: Phoenix Police Department
Good Afternoon Mr. Facente,
In regards to the your request below, there are still several thousand responsive email records. If you are willing to pay for the 1st 100 pages then we can do that if you would like. Please let me know within 30 days and we can process the 100 pages.
Thank you.
Public Records Team
Creshawnda
On Sept. 30, 2021:
Subject: RE: Arizona Public Records Law Request #PR2021287384
Hello Creshawnda,
You may reduce my request to the terms "legal observers" "street medics" "nlg" "lawyers guild" and "Behrens". The timeframe and document types of the search to remain the same.
Thank you,
---
On Sept. 29, 2021:
Subject: Public Records Request PPD-PR2021287384 PPD:0222281
Good Morning Mr. Facente,
Your request that was narrowed down to Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens" has still produced over 30,000 potentially responsive records. This request presents an unreasonable burden under Arizona's public records law to manually review, redact and produce the responsive records from among the over 30,000 records.
We do have a batch that was processed for another request for a smaller time period using only "BLM" that produced 1473 pages of records. If you would like a copy of that the cost is $353.52. Please let me know if you wish to purchase a copy of those records. If not this quest will be closed.
Thank you,
Public Records Team
Creshawnda
Public Records and Services Unit
1717 E. Grant St. Ste #100
Phoenix, AZ 85034
Hours: Monday - Friday 8am to 4pm
Phone: 602-534-1127
---
From: Phoenix Police Department
***This email box is not monitored. Please do not reply.***
There were no records found for the request listed below. This request has been officially closed. If a refund is due for this request you will receive an email once the refund has been processed.
Service Request ID: PPD-PR2021304034
Service Request Type: Other
Status: Closed
Requestor Name: Russell Facente
Report #:
Involved Party:
Description: Could you be more specific on what you mean by items? Did the search terms return 71,000+ unique records/documents, or return 71,000+ hits (i.e., one record containing multiple search terms or multiples of the same search term and thus multiple hits for the same record)?
I will modify my definition of records within this request to correspondence, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes. (Eliminating manuals, evaluations, orders, training materials, policies, notes).
I may be able to help further if you could please provide a breakdown of the records/hits by search term and/or record type. (e.g., 200 BLM, 70 "street medics," 900 "13-2903" and 12,500 emails, 120 operations checklists, 900 incident reports)
Thank you,
Date Submitted: 8/27/2021 4:01 PM
***This email box is not monitored. Please do not reply.***
Thank you,
Phoenix Police Department
Public Records and Services Unit
1717 E Grant St Suite 100
Phoenix, AZ 85034
(602) 534-1127
Monday-Friday 8am to 4pm
From: Phoenix Police Department
Good Morning Mr. Russell Facente
This request PR2021287384 is still pending a response back from you. We sent you an email on 1/04/22 to requests@muckrock.com because that's what we have your original request from you under that email. I advised you that even though you narrowed down the search terms, it still produced several thousand responsive email records. We can provide the first 100 pages of the email records if you would like. I advised you to notify us within 30 days if you would like for us to provide the 100 pages of the email records. We have not gotten a response back from you yet. Please let us know if you would like the first 100 pages. I have attached a copy of my email I sent to you on 1/4/22. I have also attached below a copy of your public records request under requests@muckrock.com.
Thank you.
Public Records Team
Creshawnda
Public Records and Services Unit
1717 E. Grant St. Ste #100
Phoenix, AZ 85034
Hours: Monday - Friday 8am to 4pm
Phone: 602-534-1127
From: Russell Facente
Good Afternoon,
Thank you for the follow up. Before I accept the first 100 pages, can you please verify if the searches have been Globally De-duplicated and that emails have been Message Threaded to remove obviously repetitive or duplicative data. As I have asked before, can you provide a Hit Report including unique hits (documents which return only one of the search terms). Respectfully, I am not interested in what you "believe [ ] are hits" but rather what your actual results are and how you have culled duplicates. As courts have stated, denial must be
As if it were necessary to demystify the industry terms used in eDiscovery above, for example one email from the police chief to 3,000 officers should be de-duplicated to one email not 3,000. Similarly, a back-and-forth of replies between the Chief and a Lieutenant should be reduced to the last email which contains all of the prior emails in the thread, not every single solitary reply.
Lastly, can you please quote me the cost of 100 pages so that we are clear.
Thank you,
Russell
From: Phoenix Police Department
Good Afternoon Mr. Russell Facente,
We have already offered you several narrowed records batches and explained how we narrowed the searches. At this point, we decline as unreasonably burdensome your additional instructions on how to search for records.
Thank you.
Public Records Team
Public Records and Services Unit
1717 E. Grant St. Ste #100
Phoenix, AZ 85034
Hours: Monday - Friday 8am to 4pm
Phone: 602-534-1127
From: Phoenix Police Department
***This email box is not monitored. Please do not reply.***
There were no records found for the request listed below. This request has been officially closed. If a refund is due for this request you will receive an email once the refund has been processed.
Service Request ID: PPD-PR2021287384
Service Request Type: Other
Status: Closed
Requestor Name: Russell Facente
Report #:
Involved Party:
Description: To Whom It May Concern:
Pursuant to the Arizona Public Records Law, I hereby request the following records:
Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "BLM" "black lives matter" "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "13-2903" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens".
"Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies, training materials, other manuals.
Arizona Public Records Law carries with a presumption that all records are "open to the public for inspection as public records." Carlson v. Pima County, 141 Ariz 487, 490, 687 P.2d 1242 (1984). If this request is denied in part or in whole, please indicate the specific grounds for denial under the Public Records Law and provide the na
Date Submitted: 7/13/2021 2:32 PM
***This email box is not monitored. Please do not reply.***
Thank you,
Phoenix Police Department
Public Records and Services Unit
1717 E Grant St Suite 100
Phoenix, AZ 85034
(602) 534-1127
Monday-Friday 8am to 4pm
Files
There are no files associated with this request.