NY sheriff data collection request (2016-2021) (Orange County Sheriff)

Dear Samuel Sinyangwe:
Thank you for your interest in public records of Orange County. Your request has been received and is being processed in accordance with the State of New York's Freedom of Information Law (FOIL). Your request was received in this office on 6/27/2023 and given the reference number P000544-062723 for tracking purposes. Records Requested: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

1.the total number of use of force incidents, separated by year, from 2016-2021 (for example, information that specifies the total number of use of force incidents in 2016, total number of use of force incidents in 2017, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
2. the total number of use of force incidents, separated by year and type of force used from 2016-2021 (for example, information that specifies the number of taser incidents in 2016, baton incidents in 2016, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
3. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained, separated by year from 2016-2021 (for example, 8 complaints in 2020, 2 complaints sustained in 2020, 4 complaints in 2021, 1 complaint sustained in 2021, etc.)
4. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2016-2021, separated by year
5. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2016-2021, separated by year
6. the total number of officer involved shootings incidents from 2016-2021, separated by year (excluding shootings of animals and accidental discharges that are not directed at a person)

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.

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 5 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

Upload documents directly: https://www.muckrock.com/
Your request will be forwarded to the relevant department(s) to conduct a search the records you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted with a formal acknowledgement of your request in accordance with FOIL Law within five (5) business days.
PLEASE NOTE: The State of New York Freedom of Information Law (FOIL) does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you WILL receive an email when your request has been completed. Again, thank you for using the FOIL Records Center.
Orange County

--- Please respond above this line ---

RE: SHERIFF FOIL REQUEST of June 27, 2023., Reference # P000544-062723.
Dear Samuel Sinyangwe:
This letter will serve to acknowledge receipt of your Freedom of Information Law (FOIL) Request dated June 27, 2023 pertaining to: "To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

1.the total number of use of force incidents, separated by year, from 2016-2021 (for example, information that specifies the total number of use of force incidents in 2016, total number of use of force incidents in 2017, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
2. the total number of use of force incidents, separated by year and type of force used from 2016-2021 (for example, information that specifies the number of taser incidents in 2016, baton incidents in 2016, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
3. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained, separated by year from 2016-2021 (for example, 8 complaints in 2020, 2 complaints sustained in 2020, 4 complaints in 2021, 1 complaint sustained in 2021, etc.)
4. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2016-2021, separated by year
5. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2016-2021, separated by year
6. the total number of officer involved shootings incidents from 2016-2021, separated by year (excluding shootings of animals and accidental discharges that are not directed at a person)

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.

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 5 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

Upload documents directly: https://www.muckrock.com/
Please be advised that it could take up to twenty (20) business days to locate the records you seek, if indeed they are available and subject to disclosure under the Public Officers Law. We shall, of course, endeavor to have our search completed as quickly as possible.
If you have any questions or need additional information, please reply to this email.
Regards,
Deputy Thomas Durso #115
Orange County Sheriff's Office

--- Please respond above this line ---

RE: SHERIFF FOIL REQUEST of June 27, 2023., Reference # P000544-062723.
Dear Samuel Sinyangwe,
Orange County received a FOIL request from you on June 27, 2023. Your request mentioned: "To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

1.the total number of use of force incidents, separated by year, from 2016-2021 (for example, information that specifies the total number of use of force incidents in 2016, total number of use of force incidents in 2017, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
2. the total number of use of force incidents, separated by year and type of force used from 2016-2021 (for example, information that specifies the number of taser incidents in 2016, baton incidents in 2016, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.
3. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained, separated by year from 2016-2021 (for example, 8 complaints in 2020, 2 complaints sustained in 2020, 4 complaints in 2021, 1 complaint sustained in 2021, etc.)
4. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2016-2021, separated by year
5. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2016-2021, separated by year
6. the total number of officer involved shootings incidents from 2016-2021, separated by year (excluding shootings of animals and accidental discharges that are not directed at a person)

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.

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 5 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

Upload documents directly: https://www.muckrock.com/
Please accept this correspondence as a follow up to our prior acknowledgement to your request made pursuant to Freedom of Information Law ('FOIL"), dated 06/27/2023. We will require an additional One Hundred and Twenty Business Days to complete a search for the records detailed in your FOIL request, if indeed they are available and subject to disclosure under the Public Officers La. We therefore expect that we will provide a determination to you by January 2, 2024
If you have any questions or need additional information, please reply to this email.
Sincerely,
Deputy Thomas Durso #115
Orange County Sheriff's Office

--- Please respond above this line ---

RE: SHERIFF FOIL REQUEST of June 27, 2023., Reference # P000544-062723. Dear Samuel Sinyangwe: Let this correspondence serve as a response to your request dated June 27, 2023, seeking records pursuant to New York’s Freedom of Information Law (“FOIL”), Section 84-90. Your FOIL request sought: The total number of use of force incidents, separated by year, from 2016-2021 (for example, information that specifies the total number of use of force incidents in 2016, total number of use of force incidents in 2017, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations. The total number of use of force incidents, separated by year and type of force used from 2016-2021 (for example, information that specifies the number of taser incidents in 2016, baton incidents in 2016, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations. The total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained, separated by year from 2016-2021 (for example, 8 complaints in 2020, 2 complaints sustained in 2020, 4 complaints in 2021, 1 complaint sustained in 2021, etc. The total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2016-2021, separated by year. The total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2016-2021, separated by year. The total number of officer involved shootings incidents from 2016-2021, separated by year (excluding shootings of animals and accidental discharges that are not directed at a person).
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. The Orange County Sheriff’s Office does not have a computer program that is able to analyze, extract and compile the particular statistical information you seek (as noted above in items 1-6) in your FOIL request. To comply with your request, the Sheriff’s Office would need to create a record, in a format and with programing that is not pre-existing. Section 89(3) of New York Public Officers Law does not require an agency to create a record, reprogram or develop new programs to retrieve information in response to FOIL requests. Accordingly, your FOIL request is denied. We do not waive other grounds of exemption by limiting our response to the above and reserve the right to assert such if this matter is appealed.  Should you wish to appeal this determination, you must do so in writing submitted within thirty (30) days of the date of this letter to the attention of: Richard B. Golden, County Attorney, FOIL Appeals Officer, Orange County Department of Law, Government Center, 255-275 Main Street, Goshen, New York 10924.
If you have any questions or need additional information, please reply to this email.
Sincerely,
Deputy Thomas Durso #115
Orange County Sheriff's Office