Local level SAEC polices/data (Portland, Oregon) (2)

RE: Police General Records Request of November 05, 2018 Reference # S083114-110518

Dear Vanessa ,

The City received a Public Records Request from you on November 05, 2018.

You have requested a fee waiver from the City of Portland for the fees associated with your public records request.  The City requests the following information to evaluate your fee waiver request:

1) How do you or your organization intend to use the information?  (Please answer regarding the specific information requested as opposed to speaking generally regarding information on the general topic requested);
2) How will the information benefit the wider public?  (Please explain how this specific information assists the public given the information already provided to the public on this topic);
3) How do you or your organization intend to disseminate the information to the wider public?
Without responses to all 3 of these questions it may be difficult, or even impossible, to assess whether the requested disclosure is in the public interest because it will primarily benefit the public.
Please also bear in mind that the Bureau providing the records must weigh the public's interest in disclosure against the cost to the public of fulfilling the request without reimbursement.  As part of that balancing of interests, the City may consider the volume of the records requested.  Please discuss whether a more narrowly tailored, and thus less expensive, request could equally meet the public interest.

Please note that if you have already made a payment on this request, we will be unable to provide you with a refund.  If you have any questions regarding your fee waiver, please call (503) 823-0708.  Be sure to leave your reference number when you leave a voicemail.
Sincerely,

PPB Queue
If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov (mailto:prrhelp@portlandoregon.gov)

RE:  Police General Records Request of November 05, 2018 Reference#S083114-110518

Dear Vanessa ,

This City received a Public Records Request from you on November 05, 2018 for the following:

In order to begin processing this request a pre-payment must be made*.  Please log in to the Portland Public Records Request Center (copy and right click this link to open it in your browser) and make a payment on this request. (https://www.portlandoregon.gov/prr)

You may pay by electronic check or credit card by going to "My Public Records Request Center" and select "View My Payments".  Then scroll to find an invoice in the status of "payment pending" and select "Make Payment".  Follow the screen prompts to make a payment.  Alternatively, you may mail a check made payable to "The City of Portland".  Please be sure and provide the Record Request Reference number ( S083114-110518) on your check and mail it to:

Portland Police BureauRecords Division 1111 SW 2nd Avenue, Room 1126
Portland, OR  97204
*Please note that you will need to disable your pop-up blocker on your browser's settings in order to make an online payment.

*Please see this Answer for more information: A006257-010816 (https://www.portlandoregon.gov/66961?qaframe=AnswerDetail.aspx%3Finc%3D6257)

Sincerely,

Police Bureau
City of Portland

Dear Vanessa :
The City of Portland acknowledges receipt of your Public Records Request.  Your request was received in this office on November 05, 2018 and given the reference number S083114-110518 for tracking purposes.

Record Requested:  To Whom It May Concern:Pursuant to the Oregon Public Records Law, I hereby request the following records:Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:• all standard operating procedures regarding the SAEC process• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed• the number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000 through the date this request is processed• the number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations• any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregable data.• all audits involving this agency regarding the collection or backlog of SAEC kits• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kitsIf there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.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,Vanessa Nason

At this time, the City is uncertain whether it is the custodian of the requested record.  The City will review your request to determine if it has responsive records.  The City will then gather an estimate of the costs to provide copies of requested public records for which the City does not claim an exemption from disclosure.  The City is permitted to charge its actual costs to provide records.  Fees include research time to locate and analyze the requested records, even if no records are located or if the requested records are determined to be exempt from disclosure.

Please be advised that a pre-payment from you may be required.  If a pre-payment is required, you will receive a separate notice with instructions.  You may click here to access the payments page. (https://www.portlandoregon.gov/66961?qaframe=CustomerIssues.aspx)
You can monitor the progress of your request at the link below.  Thank you for using the Portland Public Records Request Center.

Please note that the Police Bureau is currently experiencing a significant backlog of public records requests (both electronic and hardcopy requests).  Please expect up to 6 weeks before a response is received concerning your public records request.  For status updates concerning your public records request please refer to the Portland Public Records Request Center via the link below.  Thank you for your patience. To monitor the progress or update your request click here:
Portland Public Records Request Center (https://PORTLANDOR.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=83114&coid=)

RE:  Police General Records Request of November 05, 2018 Reference #S083114-110518
Dear Vanessa ,

The City received a Public Records Request from you on November 05, 2018 for the following: "To Whom It May Concern:
Pursuant to the Oregon Public Records Law, I hereby request the following records:
Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:
• all standard operating procedures regarding the SAEC process
• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies
• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed
• the number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000 through the date this request is processed
• the number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations
• any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregable data.
• all audits involving this agency regarding the collection or backlog of SAEC kits
• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits
If there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.
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,
Vanessa Nason"

Please be advised that the current balance due concerning your public records request is $30.00. This is considered a search fee, however if it is determined that the request will require additional research, a cost estimate will be provided for additional fees. However, your request for a public interest fee waiver will be reviewed when we receive the answers to the fee waiver questions which were emailed to you on 11/5/2018.
Records that already exist online that may be responsive to your request can be found at:
https://www.portlandoregon.gov/police/article/568261
https://www.portlandoregon.gov/police/article/526269
Additionally, concerning the immigration question on your public records request, you have selected "A - I certify that I AM making this request for the purpose of enforcement of immigration laws." If this selection was made in error, please reply to this message or change your request at the Portland Public Records Request Center.
If this was not an error, per Oregon House Bill 3464 and Portland Police Bureau (PPB) Directive 810.10(6), PPB members (including Records Custodians) may only release a very limited class of information to ICE, namely information concerning a person’s citizenship or immigration status.  The records you requested do not pertain to or contain a person’s citizenship or immigration status.  Thus, your request as written cannot be fulfilled.
That said, PPB may still release police reports to the Department of Homeland Security (DHS) when requested by Homeland Security Investigations (HSI) for the purpose of investigating criminal conduct that may involve an undocumented immigrant.  Should DHS’s need for these police reports be related to a criminal investigation, please have the request resubmitted through HSI, who can make those certifications of use.  Alternatively, if these reports are not for criminal investigation purposes, but for immigration enforcement purposes, PPB is constrained to redact the following information from them:  the addresses of any undocumented person and their associates; the place of employment or work hours of any undocumented person and their associates; the school or school hours of any undocumented person and their associates; the contact information, e.g., phone number, e-mail address, social media information, of any undocumented person and their associates; an undocumented person’s known associates or relatives; and/or the date, time, or location of hearings, proceedings, or appointments with any undocumented person that are not matters of public record.  If you wish to still have redacted reports sent to you, please respond affirmatively and PPB will process that request in accordance with law and directives.
As to your fee waiver request, Oregon House Bill 3464 and Directive 810.10 also restrict the expenditure of any monetary or personnel resources to the enforcement of immigration laws.  In other words, the State of Oregon and City of Portland cannot by law subsidize the cost of searching for and providing records to ICE.  Thus, if this request is not related to criminal investigation and resubmitted through HSI, ICE will be responsible for the cost of obtaining the redacted records and a fee waiver will be denied.
In summary, if this request is for immigration enforcement purposes and/or ICE (as opposed to criminal investigation purposes and/or HSI), you may receive redacted records at your own cost.  If you wish to proceed with a request for a redacted police report, please pay the fee and PPB will process the request.
Sincerely,
PUBLIC RECORDS UNIT
Portland Police Bureau-Records Division
If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov

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RE: Police General Records Request of November 05, 2018 Reference # S083114-110518

Dear Vanessa ,
The City received a Public Records Request from you on November 05, 2018 for the following: "To Whom It May Concern:

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

Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:

• all standard operating procedures regarding the SAEC process

• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies

• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed

• the number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000 through the date this request is processed

• the number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations

• any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregable data.

• all audits involving this agency regarding the collection or backlog of SAEC kits

• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits

If there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.

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,

Vanessa Nason" Please be advised that your public records request is closed, due to lack of communication or payment from you.  This request is now closed.  Please be advised that the City of Portland does not monitor requests that have been closed.  If you are still in need of these records, please log on to the City of Portland Public Records Request Center and re-submit your request.
Sincerely,
PUBLIC RECORDS UNIT
Portland Police Bureau-Records Division
503-823-0756 If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov

--- Please respond above this line ---

RE: Police General Records Request of November 05, 2018 Reference # S083114-110518

Dear Vanessa ,
The City received a Public Records Request from you on November 05, 2018 for the following: "To Whom It May Concern:

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

Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:

• all standard operating procedures regarding the SAEC process

• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies

• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed

• the number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000 through the date this request is processed

• the number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations

• any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregable data.

• all audits involving this agency regarding the collection or backlog of SAEC kits

• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits

If there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.

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,

Vanessa Nason" Please be advised that your public records request is closed, due to lack of communication or payment from you.  This request is now closed.  Please be advised that the City of Portland does not monitor requests that have been closed.  If you are still in need of these records, please log on to the City of Portland Public Records Request Center and re-submit your request.
Sincerely,
PUBLIC RECORDS UNIT
Portland Police Bureau-Records Division
503-823-0756 If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov