Texas police data (Pearland Police Department)

Samuel Sinyangwe filed this request with the Pearland Police Department of Pearland, TX.
Tracking #

2021-02055

Multi Request Texas police data
Status
Rejected

Communications

From: Samuel Sinyangwe


To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

1. The total number of police use of force incidents, broken down by type of force used, between 2013-2018 (separated by year).
2. The total number of people that police used force against, between 2013-2018 (separated by year).
3. A copy of all complaints reported by civilians against police between 2013-2018.
4. A copy of any documents indicating whether the civilian complaints identified in request #3 were sustained.
5. The policy manual of the police department.
6. The current union contract between the city and any police unions or police associations.
7. All records regarding police shootings (including fatal police shootings, non-fatal police shootings and police shootings at a civilian that missed) between 2013-2018, including incident-level information specifying the date of each incident, race and gender of all subjects involved, what weapon if any they were armed with, any injuries or deaths resulting from the incident, the names of all officers involved, whether administrative investigations found the incidents to be justified under police department policy and any disciplinary actions taken against the officers as a result of the incident.
8. All records regarding civilian deaths or serious injuries resulting from police use of force between 2013-2018, including incident-level information specifying the date of each incident, race and gender of all subjects involved, what weapon if any they were armed with, any injuries or deaths resulting from the incident and the names of all officers involved.

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 10 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

From: Pearland Police Department

Hello,

Thank you for your interest in public records of the City of Pearland. Your request has been received and is being processed in accordance with Chapter 552 of Texas Government Code, the Public Information Act.

Your request will be forwarded to the relevant City department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request.

There is no charge for most requests. If there is a cost you will be notified in advance. You will be contacted about the availability and/or provided with copies of the records in question.

The City of Pearland will respond within ten business unless a determination has to be made by the Texas Attorney General's Office. We try and complete requests as quickly as possible.

PLEASE NOTE: The Texas Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions.

Thank you,

Daisy Mata
Records & Info Coordinator | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1653
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

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How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
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From: Pearland Police Department

Mr. Sinyangwe,

The Pearland Police Department is gathering information responsive to your request and I have not yet had a chance to review that information; however, I wanted to discuss the City's obligation under the Public Information Act (the Act) in responding to your request. Additionally, while the Act generally makes information held by a government body public, there are exceptions and I would like to discuss those exceptions with you so that the City can proceed accordingly.

The Act does not require a governmental body to create new information, to do legal research, or to answer questions, only to produce records already in existence. Some of the items in your request would require the City to create new records. For example, number 1 of your request asks for the total number of police use of force incidents, broken down by type of force used, between 2013-2018 (separated by year). The City does not currently have a document that has this information on it in the manner you have requested it. If the City's software system will allow it to extrapolate the data in the format you have request, it will do so; otherwise, the City will simply produce the use of force reports that contain the data, as long as the reports do not fit in any exceptions to the Act. The same analysis applies to numbers 2 and 7 of your request.

In regards to Items 3 and 4 of your request, unless a civilian complaint has been sustained and the officer receives negative discipline, the information requested is confidential by law under Section 143.089 of the Local Government Code and must be withheld pursuant to Section 552.101 of the Government Code. Section 143.089 of the Local Government Code states that "a [police department] may maintain a personnel file on a [police officer] employed by the department for the department's use, but the department may not release any information contained in the department file to any agency or person requesting information relating to a [police officer]. In relation to your request, information related to Item 3 is confidential unless it is also responsive to Item 4. This exception may also apply to information that might be responsive to Item 7.

In regards to Items 7 and 8, you have requested "all records" and such wording is broad. The City interprets "All record" to include all Offense Reports relating to any such incidents. Some of the Offense Reports responsive to this request might fall within one of the two following exceptions to the Act:

Law Enforcement Exception - Closed Case without a Conviction

Section 552.108 (a) (2) of the Government Code allows for information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of a crime to be excepted from the requirement of public disclosure if it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication.

Law Enforcement Exception - Pending Case

Section 552.108 (a) (1) of the Government Code allows for information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of a crime to be excepted from the requirement of public disclosure if release of the information would interfere with the ongoing detection, investigation, or prosecution of that crime.

If the responsive information falls within one of these exceptions, the City will assert them to keep the information confidential. These are the most common exceptions that generally apply to information maintained by the Police Department. After reviewing the information, there may be additional exceptions that apply.

Please respond to this email authorizing the City to withhold information confidential by law in lieu of forwarding your request to the Office of the Attorney General for the State of Texas or call to discuss these issues.

Thank you,

Lawrence

Lawrence Provins
Deputy City Attorney | Legal
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1665
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Pearland Police Department

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Pearland Police Department

Additional time required letter.

Thank you

Michael Muscarello
Administrative Assistant | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1651
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Pearland Police Department

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Pearland Police Department

Hello,

The attached documents are approved for release, I will forward the other responses in another email as the files are too large.

Below is also the response from the PD.

PD:

Here's a list of shooting incidents based on use of force reports

13006283
14009385
17009443
18005504

Here's a list of incidents where "serious" injuries were noted on use of force reports. This was based on the subject being transported to a hospital. Serious injury isn't clearly defined by any data field without examining each use of force report.

13003502
13005041
13006277
13006282
13006283
13007154
13007987
13008117
13010006
13011258
13012423
14000909
14002497
14004115
14005057
14006740
14009072
14009808
14010238
14012217
15000378
15001966
15002316
15003424
15005805
15009290
15011588
16000313
16000970
16004879
16008338
16008964
16011334
17001999
17003253
17004052
17008834
18001897
18002434
18004402
18005496
18005766
18009128
18011982
18012693

Lyndall Baker
labaker@pearlandtx.gov<mailto:labaker@pearlandtx.gov>
"Always Out Front"

Lyndall Baker
Crime Analyst | Police
City of Pearland | 2555 Cullen Parkway | Pearland, TX 77581
P: 281.997.4132 | M: 281.702.3743
pearlandtx.gov<http://www.pearlandtx.gov>

[cid:image001.png@01D53D7A.DC26C350]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234]<https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

Daisy Mata
Records & Info Coordinator | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1653
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Pearland Police Department

Hello,

Attached is the copy of the documents that you requested.

If you have any questions please feel free to give me a call.

Thank you.

Daisy Mata
Records & Info Coordinator | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1653
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Pearland Police Department

Hello,

Attached is the copy of the documents that you requested.

If you have any questions please feel free to give me a call.

Thank you.

Daisy Mata
Records & Info Coordinator | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1653
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Pearland Police Department

Hello,

Attached is the copy of the documents that you requested.

If you have any questions please feel free to give me a call.

Thank you.

Daisy Mata
Records & Info Coordinator | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1653
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Pearland Police Department

Hello,

Please see the estimate letter for the remainder of the documents requested.

Please let me know if you have any questions.

Thank you.

Daisy Mata
Records & Info Coordinator | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1653
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Samuel Sinyangwe


To Whom It May Concern:

Please find enclosed a check for $48.40 to satisfy the fee associated with the attached public records request.

Thank you.

From: Pearland Police Department

Hello,

Per our Legal Department, since we received the check after the 10 business days you will need to resubmit your request if you are still needing the copies.

The check was sent to the wrong address. We are located at City Hall, 3519 Liberty Drive Pearland, TX 77581.

Please let us know if you would like to resubmit your request.

Thank you.

Daisy Mata
Records & Info Coordinator | City Secretary's Office
City of Pearland | 3519 Liberty Drive | Pearland, TX 77581
P: 281.652.1653
pearlandtx.gov<http://www.pearlandtx.gov/>
<https://visitpearland.com/125th-anniversary/> [cid:125th_Logo_V3_100x_d7fbbc3e-b7a9-4d07-be7d-d81d4372f791.png]

Get Connected:
[https://www.pearlandtx.gov/Home/ShowImage?id=7234] <https://www.facebook.com/cityofpearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7240] <https://twitter.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7242] <https://www.youtube.com/copearland> [https://www.pearlandtx.gov/Home/ShowImage?id=7238] <https://www.linkedin.com/company/city-of-pearland-texas> [https://www.pearlandtx.gov/Home/ShowImage?id=7236] <https://www.instagram.com/copearland/>

How can we better serve you? Take our customer satisfaction survey<https://www.pearlandtx.gov/departments/city-hall/communications/customer-satisfaction-survey-how-are-we-doing>. Service - The Pearland Way.
[https://www.pearlandtx.gov/home/showimage?id=2486]<http://www.pearlandtx.gov>

From: Pearland Police Department

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Pearland Police Department

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Pearland Police Department

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Pearland Police Department

A letter stating that the request appeal has been received and is being processed.

From: Pearland Police Department

A letter stating that the request appeal has been rejected.

From: Pearland Police Department

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Pearland Police Department

A fix is required to perfect the request.

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