Police Data Collection Request (2021)

Dear Mr. Sinyangwe,

I am responding on behalf of the City of New Bedford Police Department (hereinafter referred to as "the Department") to your recent request for public records pursuant to the provisions of G.L. c. 66, § 10 (hereinafter referred to as "the Massachusetts Public Records Law"). Your request, received on October 6, 2022, was as follows:

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, etc.)

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.

6. the total number of officer involved shootings in 2021, both fatal and non-fatal.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical 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. 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, as the statute requires.

Sincerely,

Samuel Sinyangwe

In response to the first portion of your public records request, the Department has attached a report listing the number of use of force incidents in 2021, separated by type of force.

The second report attached to this correspondence lists the total number of citizen complaints in 2021 by month and violation. Please note that there were 28 citizen complaints; however, some complaints alleged more than one type of alleged violation, hence the difference between the number of complaints and the total complaints.

The third report attached to this correspondence lists the sustained citizen complaints in 2021 by month and violation. Please note that there were 6 sustained citizen complaints; however, some of the sustained complaints alleged more than one type of violation, hence the difference between the number of sustained incidents and total complaints.

You have the right to appeal this determination to the Supervisor of Records under 950 CMR 32.08(1) within 90 days of this response. Any appeal shall be in writing and include a copy of your original request and this correspondence. By law, the Supervisor is required to respond within 10 business days of receipt of your appeal. You may also seek judicial review of an unfavorable response by commencing a civil action in the superior court under G.L. c. 66, §10A(c).

Sincerely,

Nicholas DeMarco

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Nicholas DeMarco
Associate City Solicitor
City of New Bedford | Solicitors Office
133 William Street, New Bedford, MA 02740