ShotSpotter and gun crime data

Dear Todd Feathers:
Thank you for your interest in public records of the City of Omaha. Your request has been received and is being processed. Your request was received in this office on 8/1/2021 and given the reference number P000639-080121 for tracking purposes. Records Requested: To Whom It May Concern:

Pursuant to the Nebraska Public Records Act, I hereby request the following records:

1) A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude+longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents.

2) Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude+longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information.

I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employ involved and an explanation justifying the employee hours required to fulfill the request.

Should you choose to reject this request or redact portions of it, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portion from public review.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 4 business days, as the statute requires.

Sincerely,

Todd Feathers

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City of Omaha

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City of Omaha
Jean Stothert, Mayor Todd R. Schmaderer
Chief of Police

Omaha Police Department
“To Serve and Protect”
505 South 15th Street
Omaha, Nebraska 68102-2769
(402) 444-5600
(402) 444-5898
police.cityofomaha.org (mailto:police.cityofomaha.org) Dear Todd, I am responding to your request on behalf of the Omaha Police Department.  Your request is made according to the provisions of the Nebraska Public Records Act.  In your request dated August 1, 2021, you sought a copy of data collected using the ShotSpotter gunshot detection service in Omaha, Nebraska, from January 1, 2016, to the present.  This is the response required by NEB. REV. STAT. § 84-712(4). I have sent your request for specific date to the ShotSpotter Company and am awaiting their response. You also inquired on whether the alerts are confirmed as an actual or likely gunshot.  The responding officers do verify the alerts, but the Omaha Police Department does not maintain the information. Your request also included data from our CAD system detailing the alert's date, time, location, etc. Again, the Omaha Police Department does not maintain that information.  ShotSpotter retains that information, and we refer to their database for reports. You also mentioned that the requested data is readily available and exportable from the ShotSpotter Flex system, as demonstrated by your attached documents. Unfortunately, your request did not include attachments; therefore, I am unable to refer to it. I will respond to your request as soon as I hear back from the ShotSpotter Customer Service Agent. Section 84-712.03 of the Nebraska Revised Statutes may grant you the right to administrative or judicial review of this response.  Please consult the statute for further information. If you have any questions about the legal basis for this response, please contact me at 402.444.6089.

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City of Omaha
Jean Stothert, Mayor Todd R. Schmaderer
Chief of Police

Omaha Police Department
“To Serve and Protect”
505 South 15th Street
Omaha, Nebraska 68102-2769
(402) 444-5600
(402) 444-5898
police.cityofomaha.org (mailto:police.cityofomaha.org) Dear Todd, I am following up to the request you made through the Omaha FOIA Portal, for specific ShotSpotter data information. The response that I received from ShotSpotter responding is below. Additionally, I have since learned that some information may be stored on our CAD system, which is maintained by Douglas County, of whom you will have to contact for a release. Section 84-712.03 of the Nebraska Revised Statutes may grant you the right to administrative or judicial review of this response. Please consult the statute for further information. If you have any questions about the legal basis for this response, please contact me at 402.444.6089. *Email from ShotSpotter: This email is in reference to the request for information by Todd Feathers. Unfortunately, we are unable to fulfill this request because we only respond to these types of requests from and for third-party entities under a subpoena, and for a very limited and timebound period, tied to a specific case. If we decide to provide the data, the data is redacted and protected based on a process we have established for handling our data. This process has served us and our customers well. We would like to remain consistent with our process, and not set different precedence. In similar cases when there is a subpoena and we have a very limited scope, we charge the third party our normal hourly rate for Forensic Services, which must be agreed upon in advance. Furthermore, ShotSpotter is now the owner of and does not have access to multiple items referenced in this request. Please feel free to reach out to us if you have any questions or we can be of further assistance. ShotSpotter Support and Forensic Services

Dear Todd Feathers,

RE: PUBLIC RECORDS REQUEST of August 01, 2021, Reference # P000639-080121

The X has reviewed your request and has determined that the records requested are exempt from disclosure under Public Records Act for the following reasons:

[FOIA_EXEMPTIONS]

If you have any questions or need additional information, please feel free to contact my office at 402-444-6089.

Sincerely,

Anna Colon
Deputy Chief
Police Department