Protest Documents

Russell Facente filed this request with the Phoenix Police Department of Phoenix, AZ.

It is a clone of this request.

Status
Rejected

Communications

From: Russell Facente

To Whom It May Concern:

Pursuant to the Arizona Public Records Law, I hereby request the following records:

Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "we rising" "w.e. rising" "nalm" "stop the steal" "stopthesteal"

"Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies.

Arizona Public Records Law carries with it a presumption that all records are “open to the public for inspection as public records.” Carlson v. Pima County, 141 Ariz. 487, 490, 687 P.2d 1242 (1984). If this request is denied in part or in whole, please indicate the specific grounds for denial under the Public Records law and provide the name and address of the person to whom I may direct an appeal. All agreeable portions of otherwise exempt material must be produced. Moreover, under another Arizona Supreme Court case, the burden of justifying non-disclosure is on the party that seeks non-disclosure rather than on the party that seeks access. Mitchell v. Superior Court, 142 Ariz. 332, 690 P.2d 51, 53 (1984).

A.R.S. § 39-121 provides that “other matters in the custody” of public officers are open to inspection by the public. "Other matters subject to the public’s right of access include ‘documents which are not required by law to be filed as public records. . . .’" Salt River Pima-Maricopa Indian Cmty. v. Rogers, 168 Ariz. 531, 539, 815 P.2d 900, 908 (1991). "Other matters" include documents held by the public officer in his or her official capacity and in which the public’s interest in disclosure outweighs the governmental interest in confidentiality. Id. “Because the language of A.R.S. § 39-121.01(B) is so broad, [the Arizona Supreme] Court has abandoned any ‘technical distinction’ between public records and other matters.” Griffis v. Pinal Cty., 215 Ariz. 1, 4 n.5, 156 P.3d 418, 421 n.5 (2007) (quoting Carlson, 141 Ariz. at 490, 687 P.2d at 1245).

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.

Sincerely,

Russell Facente

From: Phoenix Police Department

Good Morning Mr. Russell Facente

This request PR2021287384 is still pending a response back from you. We sent you an email on 1/04/22 to requests@muckrock.com because that's what we have your original request from you under that email. I advised you that even though you narrowed down the search terms, it still produced several thousand responsive email records. We can provide the first 100 pages of the email records if you would like. I advised you to notify us within 30 days if you would like for us to provide the 100 pages of the email records. We have not gotten a response back from you yet. Please let us know if you would like the first 100 pages. I have attached a copy of my email I sent to you on 1/4/22. I have also attached below a copy of your public records request under requests@muckrock.com.

Thank you.

Public Records Team

Creshawnda

Public Records and Services Unit
1717 E. Grant St. Ste #100
Phoenix, AZ 85034
Hours: Monday - Friday 8am to 4pm
Phone: 602-534-1127

From: Russell Facente

Hello Records Department,

Perhaps you are confusing this request, filed on or around 9/30/21, with a different request, ID# PPD-PR2021287384, filed on or around 7/13/21. This is the first response I have received regarding this request. What request number have you assigned this request for "Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: 'we rising' 'w.e. rising' 'nalm' 'stop the steal' 'stopthesteal' ."

For this separate request, please give me the ID number. Please also verify that the records team and any other persons handling this request if the searches have been Globally De-duplicated and have been Message Threaded to remove unwanted duplicate data. Can you please provide a Hit Report including unique hits.

Thank you,
Russell

From: Phoenix Police Department

Hello Russell,

The Public Records Request PR2021287384 we have assigned to " Pursuant to the Arizona Public Records Law, I hereby request the following records:
Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "BLM" "black lives matter" "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "13-2903" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens". "Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies, training materials, other manuals.

We had asked for you to narrow down search because there were too many responsive hits. You then narrowed it down to "Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "we rising" "w.e. rising" "legal observers" "street medics" "antifa" "stop the steal" "acab" "a.c.a.b." "nalm" "nlg" "lawyers guild" "Behrens".

The above still produced too may hits and we had you narrow it down further to "You may reduce my request to the terms "legal observers" "street medics" "nlg" "lawyers guild" and "Behrens". The timeframe and document types of the search to remain the same.".

That was the last that I show that we had you narrow down your search results for this request which is PR2021287384. That is when I sent you email stating it did reduce the amount but there was still several thousand hits and we can provide you with the first 100 pages.

I believe we only have the one request for you under PR2021287384 for 114970-16361595. I don't show any requests under 119706-45136611.

Sorry, I think since both request had some of the same wording, we only submitted for the request above. Did you want me to submit a request specifically under 119706-45136611 for the below request? If so, let me know and I can submit it and give you the Public Records Request Number?

"On Sept. 30, 2021:
Subject: Arizona Public Records Law Request: Protest Documents
To Whom It May Concern:

Pursuant to the Arizona Public Records Law, I hereby request the following records:

Any records created, transmitted, or distributed between May 25, 2020 and Jan 14, 2021 that mention ANY of the following: "we rising" "w.e. rising" "nalm" "stop the steal" "stopthesteal"

"Records" include correspondence, documents, operation plans/checklists, emails, equipment lists, flight plans, debrief documents, incident reports, memoranda, guidelines, faxes, evaluations, notes, orders, policies."

As for your other question, I would need to check with our IT to searches have been Globally De-duplicated and have been Message Threaded to remove unwanted duplicate data.

Thank you.

Public Records Team

Creshawnda

Public Records, Public Records and Services Unit

Phoenix Police Department

1717 E Grant St Suite 100

Phoenix, AZ 85034

Monday-Friday 8am to 4pm

public.records.ppd@phoenix.gov<mailto:public.records.ppd@phoenix.gov>

p:602.534.1127 f:602.534-4599

"Policing with PRIDE"

PRIDE

Protection | Respect | Integrity | Dedication | Excellence

Visit us online!www.phoenix.gov/police<http://www.phoenix.gov/police>

Follow us on Twitter-www.twitter.com/phoenixpolice<http://www.twitter.com/phoenixpolice>

Subscribe to us on YouTube-www.youtube.com/phxpd<http://www.youtube.com/phxpd>

From: Russell Facente

Hello Creshawnda,

Yes, please process this request as a unique request with unique search terms. Please note for IT the request includes a hit report and explicit verification if the search results have been globally de-duplicated and emails have been message threaded.

Thank you,
Russell

From: Phoenix Police Department

Good Afternoon Russell,

This Public Records Request PR2021287384 has been closed on 1/18/22 and an email was sent to you in regards to the reason why it was closed.

Thank you.

Creshawnda

Public Records, Public Records and Services Unit

Phoenix Police Department

1717 E Grant St Suite 100

Phoenix, AZ 85034

Monday-Friday 8am to 4pm

public.records.ppd@phoenix.gov<mailto:public.records.ppd@phoenix.gov>

p:602.534.1127 f:602.534-4599

"Policing with PRIDE"

PRIDE

Protection | Respect | Integrity | Dedication | Excellence

Visit us online!www.phoenix.gov/police<http://www.phoenix.gov/police>

Follow us on Twitter-www.twitter.com/phoenixpolice<http://www.twitter.com/phoenixpolice>

Subscribe to us on YouTube-www.youtube.com/phxpd<http://www.youtube.com/phxpd>

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