California police data (Palm Springs Police Department)

We have received the information and are preparing the information. I will follow up with the legal team as to where the response is at this time.
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requests@muckrock.com<mailto:requests@muckrock.com>

Samuel Sinyangwe

c/o MuckRock News

Dept. MR 77436

411A Highland Ave

Somerville, MA 02144-2516

Re: ​Response to Samuel Sinyangwe’s July 17, 2019CPRA Request

Dear Mr. Sinyangwe:

This is a response of the City of Palm Springs Police Department to your California Public Records Act (“CPRA”) request made via email and received by the Department on July 17, 2019 (herein referred to as the “July 17, 2019 CPRA Request”), requesting the following information:

1. The total number of police uses of force in 2018, broken down by type of force used (i.e. number of uses of tasers, number of uses of baton, etc.)
2. The total number of use of force complaints reported by civilians in 2018.
3. The total number of use of force complaints reported by civilians that were sustained in 2018.
4. All arrests data reported to the California Department of Justice via the Monthly Arrests and Citation Register program covering arrests made in 2017 and 2018, including (but not limited to) the age, race/ethnicity, gender, offense category (felony, misdemeanor, status offense), charge and disposition of arrestees.

Pursuant to the CPRA, the Department is required to inform you whether it will comply with the request or whether the requested documents are subject to an exemption. Please accept this letter as the Department’s determination and response pursuant to Government Code section 6253, subdivision (c).

The Department objects to your request on the grounds that it is vague and ambiguous as to the meaning of the phrases “uses of force”, “use of force complaints,” and “complaints … that were sustained.” Per your email dated February 9, 2019, regarding your previous CPRA request, we interpret your use of the phrase “uses of force” to mean incidents where physical force was used by police officers against civilians, whether by a police weapon, restraints or bodily force. We interpret your request for “The total number of police use of force complaints reported in 2018” to be seeking the total number of complaints reported to the City in 2018 alleging that a Department peace officer used force in violation of Department policy. Similarly, we interpret your request for “The total number of use of force complaints reported by civilians that were sustained in 2018” to be seeking the total number of such complaints that resulted in a sustained finding that the use of force did violate Department policies. The responses below are made on the basis of this understanding. If our understanding of any of these requests is inaccurate, please contact me to discuss further.

Under the CPRA, the City is required to produce public records upon request but is not otherwise obligated to answer questions, create new records, or provide information not contained in existing public records. (Gov. Code, § 6253.9, subds. (b), (c).) Nonetheless, in the spirit of cooperation and transparency, the City provides the following responses to your inquiries.

Response to Request No. 1

After conducting a reasonable search for requested records, the City does not maintain records that reflect the numbers requested as per the criteria defined in your request. However, the City submits an annual report to the Department of Justice regarding incidents described in Government Code section 12525.2, including the number of such incidents in the previous year.

For 2018, the City reported three (3) incidents.

Response to Request No. 2

Subject to the City’s interpretation of your request as described above, and after conducting a reasonable search for the requested information, the City’s records show three (3) complaints received in 2018, one of which is still under investigation.

Response to Request No. 3

Subject to the City’s interpretation of your request as described above, and after conducting a reasonable search for the requested information, the City has no records of such complaints received in 2018 that have resulted in a sustained finding.

Response to Request No. 4

The City is in the process of gathering the requested information and intends to provide it when we have the information ready.

This correspondence completes the City’s response as to Requests no. 1 through 3 in your July 17, 2019 CPRA Request. As to Request no. 4, the City plans to provide the requested information, or a further update regarding the status of gathering this information, by August 9, 2019. Please do not hesitate to contact me if you have any questions or if you would like to discuss.

Very truly yours,

William Hutchinson

Lt. William Hutchinson

Support Services Division

Palm Springs Police Department

760-323-8109