Olathe, KA PD Citizen Complaints

Alexander Cartwright and Jennifer Dirmeyer filed this request with the Olathe Police Department of Olathe, KS.
Est. Completion Aug. 21, 2017
Status
Fix Required

Communications

From: Alexander Cartwright and Jennifer Dirmeyer

To Whom It May Concern:

Pursuant to the Kansas Open Records Act (K.S.A. 45-215), I hereby request the following records:

We are Economics Professors in the College of Business at Ferris State University, and are engaged in an empirical research project on police behavior and citizen complaints. This project requires us to request data from your department. If you have questions about this request or suggestions, we would be happy to discuss them with you.
1. What is the total number of citizen complaints (allegations of misconduct) made against your department’s officers annually for the last 10 years? If your department logs complaints in a database, spreadsheet, or other log, a copy of those logs is fine instead.
Please include the type of complaint (i.e., use of force, abuse language, unwarranted search) and the result of complaint (i.e., sustained, exonerated).
2. What is the total number of complaints police officers made against their peer officers in department annually for the last 10 years? If your department logs complaints in a database, spreadsheet, or other log, a copy of those logs is fine instead.
Please include the type of complaint (i.e., use of force, abuse language, unwarranted search) and the result of complaint (i.e., sustained, exonerated).
3. What is the annual number of officers involved in shootings in your department for the past 10 years? Any documentation or reports that detail the annual number of officer-involved shootings in your department for the past 10 years would be sufficient.
Please include documentation regarding how many of these officer-involved shootings involved disciplinary action. (Please list officer firearm discharge directed at a person separately from a shooting involving an animal and separately from accidental firearm discharges).
Please include the number of officer-involved shootings resulting in discipline.
4. Which of the above data are published publicly? Please provide a link to any and all publicly available reports containing the data above.
Collecting this information is very important to our research, so we would like to emphasize, if you have questions about my request or suggestions, we would be happy to discuss them with you.

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 3 business days, as the statute requires.

Sincerely,

Alexander Cartwright and Jennifer Dirmeyer

From: Karri Barker

I am the Records Custodian for the Olathe Police Department. The purpose of my correspondence is to inform you that I have received the KORA request dated August 14, 2017, filed by Alexander Cartwright and Jennifer Dirmeyer through MuckRock. The request indicates that Mr. Cartwright and Ms. Dirmeyer would like to receive the following information:

1. "Total number of citizen complaints (allegations of misconduct) made against your department's officers annually for the last 10 years."
2. "What is the total number of complaints police officers made against their peer officer's in department annually for the last 10 years?"
3. "What is the annual number of officers involved in shootings in your department for the past 10 years?"

Additionally, you are requesting the type of complaint(s) and the final resolution of the complaint(s), as well as any documentation regarding how many officers involved in shootings resulted in disciplinary action. I am in the process of reviewing your request for information to determine what information OPD might have that meets the criteria of your request that is a matter of open public record. I will provide you with a status update by close of business Monday, August 21, 2017. Please feel free to contact me if you have any questions or concerns.

Sincerely,
Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Karri Barker

Mr. Cartwright & Ms. Dirmeyer;

The purpose of this correspondence is to provide you with a status update on the records request that you filed with OPD dated August 17, 2017. OPD is still working on your request for information. I will provide you with a status update no later than August 31, 2017. Please feel free to contact me if you have any questions.

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Hello,

Thank you for the update. I look forward to hearing from you.

Respectfully,
Alex Cartwright

From: Karri Barker

Mr. Cartwright & Ms. Dirmeyer;

The purpose of this correspondence is to provide you with a status update on the records request that you filed with OPD dated August 17, 2017. OPD is still working on your request for information. I will provide you with a status update no later than Thursday, September 7, 2017. Please feel free to contact me if you have any questions.

Thank-you,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Hello,

Thank you very much for the update. Thank you for accommodating our request. I look forward to receiving the data.

Respectfully,
Alex Cartwright

From: Karri Barker

Good morning Mr. Cartwright,

I am the Records Custodian for the Olathe Police Department. I have been working on coordinating a response to your open records request. Your request was filed on August 17, 2017. Upon initial receipt of your request, Sgt. Parsons emailed you indicating that we had received your request and that I would be in contact with you regarding your request upon returning to the office. On August 22, 2017, I emailed you at the email that was provided to provide you with a status update regarding your request for information. In that email I informed you that OPD was still working on your request for information and that you would be provided with another status update no later than August 31, 2017. On August 31, 2017, I again emailed you providing a status update that we was still working on your request for information.

I apologize for the delay. The cost estimate took longer than initially anticipated. I have attached a letter to this email that will provide a portion of the statistical based data that you are requesting as well as providing a cost estimate to provide the more of the specific, detailed information that will take several hours of staffing time to compile. Please feel free to contact me at 913-971-6517 if you have any questions.

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Hello,

Thank you for this cost estimate. We have a limited budget for this project and $346 is simply more than we are able to spend on this part. Could we please amend our request to only include the total number (per year) of complaints for items #1 and #2 and the annual number of OIS as specified in #3? I hope this will reduce the cost some and we will be bale to send payment to you.

Please send me an updated cost estimate.

Respectfully, Alex Cartwright

From: Olathe Police Department

Mr. Cartwright,

I have recalculated the cost estimate based on the amendment to your original request and have determined that it will take approximately 5 hours of staffing time to complete your amended request. Considering the Professional Standards Sergeant’s rate of pay, the total cost to fulfill the amended request for items #1 and #2 would be $200.00. In reference to item #3, my original response letter included dates, times and locations of all OPD officer involved shootings per year at the time of your original request. I have included the table that was provided in your initial response letter below:

DATE

TIME

LOCATION

04/23/2007

0357 hours

13861 S Constance Ct.

03/19/2011

2200 hours

424 N. Logan

01/18/2013

2214 hours

112 N. Clairborne

11/27/2016

2231 hours

395 N. K-7 Highway

As you can see in the table above OPD had one officer involved shooting in 2007, 2011, 2013, and 2016. That is the OIS information that was available at the time of your original request dated August 14, 2017. If you choose to receive the data that is mentioned in items #1 and #2, you may send a check in the amount of $200.00, made payable to the City of Olathe to the Olathe Police Department Records Unit, Attn: Karri Barker, 501 E Old 56 Hwy., Olathe, KS 66061. We will begin pulling the information upon receipt of your payment. Please feel free to contact me at 913-971-6517 if you have any questions or concerns.

Sincerely,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Thank you very much for providing the information we requested. I am writing to ask for some clarification regarding the data on officer-involved shootings you provided us with. What constitutes an officer-involved shooting in your department? For example, some departments do not count misses while others count all discharges; some include shots at animals. Other departments include intentional and accidental shootings; others do not. Some include all discharges and some exclude missed shots. Please explain to us how your department classifies the OIS included in the numbers you sent to us.

Very Respectfully, Alex Cartwright

From: Alexander Cartwright and Jennifer Dirmeyer


To Whom It May Concern:

Please find enclosed a check for $200.00 to satisfy the fee associated with the attached public records request.

Thank you.

From: Olathe Police Department

Mr. Cartwright,

I am the Division Commander for the Support Services Division; Major Jack Fahrnow. In response to your inquiry below, the Olathe Police Department qualifies an Officer Involved Shooting as any incident in which an officer discharges their weapon at an individual (human being) in an effort to stop a threat that the offender engages in that would either cause serious life threatening injuries or death to the officer or another individual. The discharge of an officer's weapon includes whether or not the individual has been struck or not. Either way, an Officer Involved Shooting would be the event investigated.

The shooting of an animal is NOT an Officer Involved Shooting. An accidental discharge is NOT an Officer Involved Shooting. I hope this satisfies your information request.
Regards,

Major Jack Fahrnow

From: Alexander Cartwright and Jennifer Dirmeyer

Thank you very much.

Did you receive the $200 check I sent?

From: Olathe Police Department

I did receive your check in the amount of $200.00. The Professional Standards Sergeant is currently out of the office. I will inform him that payment has been received upon his return. I will keep you updated on the progress of this request.

Thank-you,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Great. Thank you very much.

From: Olathe Police Department

Mr. Cartwright,

I apologize, but I do not see where I indicated that your request would be completed on August 14, 2017. I show our last correspondence was my reply on July 10, 2018 indicating that I had received your check in the amount of $200.00. Our Professional Standards Sergeant is working on compiling the information that you requested in your follow up request. As you see in the correspondence below, he was out of the office when I received your payment. I will continue to provide status updates as we work through the process.

Thank-you,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Thank you. I look forward to receiving the data soon.

Respectfully,
-Alex Cartwright

From: Olathe Police Department

Is this automated??? If it is then MuckRock needs to CLEAN UP IT'S DELIVERY SYSTEM. I will be calling them Monday. Ridiculous.
Sent from my iPhone

From: Olathe Police Department

Disregard. I was confused with the related communication indicating a 2017 request. I see that this is now current communication.
Sent from my iPhone

From: Olathe Police Department

Mr. Cartwright,

Attached, please find OPD's official response to your amended open records request, as well as the statistical information requested in your amendment. Please feel free to contact me if you have any questions or are unable to open the attachments.

Thank-you,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Kerri Barker,

I am writing to follow up on my original request made on 8/4/17

Thank you very much for providing the information we requested. I am writing to ask for some clarification regarding the data on officer-involved shootings. We requested the total number of annual officer involved shootings each year for the past 10 years.

While you sent us data on officer complaints, the OIS data seems to have been overlooked. Could you please provide that data? If not, could you please clarify that your department does not collect OIS (officer involved shooting) data.

If you are able to provide the data, please define what constitutes an officer-involved shooting in your department. For example, some departments do not count misses while others count all discharges; some include shots at animals. Other departments include intentional and accidental shootings; others do not. Please explain to us how your department classifies the OIS included in the numbers you sent to us.

Respectfully, -Alex Cartwright

From: Olathe Police Department

Mr. Cartwright,

As you will see in my response letter dated 08/27/2018 that is attached to this email, I informed you that I provided you with the OISIT information on September 27,2017 with my response to your initial request for information. I have attached the letter that you received that contained this information via email on September 27, 2017 at 4:42 PM. I have also copied and pasted the specific response to #3 on your initial request to this email response. I have cc’d our Professional Standards Commander Major Fahrnow to this email to provide you with an answer to your inquire reference defining what our department constitutes as an officer involved shooting.

Major Fahrnow: If you are able to provide the data, please define what constitutes an officer-involved shooting in your department. For example, some departments do not count misses while others count all discharges; some include shots at animals. Other departments include intentional and accidental shootings; others do not. Please explain to us how your department classifies the OIS included in the numbers you sent to us.
INFORMATION PROVIDED IN LETTER DATED 09/27/2017 REGARDING OFFICER INVOVLED SHOOTINGS LABELED #3 ON REQUEST FOR INFORMATION

1. What is the annual number of officers involved in shootings in your department for the past 10 years? Any documentation or reports that detail the annual number of officer-involved shootings in your department for the past 10 years would be sufficient. Please include documentation regarding how many of these officer-involved shootings involved disciplinary action. Please list officer firearm discharge directed at a person separately from a shooting involving an animal and separately from accidental firearm discharges.

* OPD Response: In 2004 the Johnson County Multi-Jurisdictional Officer Involved Shooting Investigation Team (OISIT) was formed to investigate officer involved shootings that occur in Johnson County. The Johnson County Sheriff’s Office keeps an ongoing log of OIS investigations. Administratively, the Internal Affairs Unit (IAU) of OPD conducts an administrative review of all OPD officer involved shootings. Access to IAU files is restricted to only those persons who have a legitimate right to view any of these materials. Per OPD policy members of the public are excluded from IAU files. OPD can however; provide you with the dates, times and locations of all OPD officer involved shootings as that information is more statistical based. That information is provided below:

DATE

TIME

LOCATION

04/23/2007

0357 hours

13861 S Constance Ct.

03/19/2011

2200 hours

424 N. Logan

01/18/2013

2214 hours

112 N. Clairborne

11/27/2016

2231 hours

395 N. K-7 Highway

Thank-you,

Karri Barker

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
kbarker@olatheks.org<mailto:kbarker@olatheks.org>
913-971-6517 Desk
913-256-9185 Cell
913-971-6927 Fax

From: Alexander Cartwright and Jennifer Dirmeyer

Thank you for the clarification!

-Alex

From: Olathe Police Department

Mr. Cartwright,

Upon further review I find that Major Fahrnow previously answered your question in an email that was sent on July 3, 2018. I have copied and pasted his response to this email. Major Fahrnow has concerns regarding the continuous efforts to gather information on your request, when our records show you have received them which causes our staff to be delayed on other assignments. Is it possible that the Muckrock generated email address that is indicated to be the preferential response mechanism is somehow delayed in forwarding you our responses?

Thank-you,

Karri Barker
Olathe Police Department
Records & Property Unit Supervisor
913-971-6517

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