OREGON PUBLIC RECORDS REQUEST – Long Range Acoustic Devices (LRADs) (Portland Police Bureau)

If you have already made your payment, thank you, please disregard this message.

RE:  Police General Records Request of August 12, 2020 Reference#S144115-081220

Dear Aaron ,

This City received a Public Records Request from you on August 12, 2020 for the following:
To Whom It May Concern:

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

I am writing to request the following information from your office for the period June 1, 2018 to the date of this letter.

Number, if any, of Long Range Acoustic Devices (LRADs) owned by this department or agency, including all purchase documents, manuals, and correspondence with the manufacturer.

Any documents or correspondence during the period encompassing this request regarding possible or planned acquisition of Long Range Acoustic Devices (LRADs).

Any existing or proposed usage policies regarding the use of Long Range Acoustic Devices (LRADs) including protocols, training documents, data storage procedures and prohibited activities.

Any current or past litigation involving or referencing this department or agency involving the use of Long Range Acoustic Devices (LRADs).

Documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Logs or other documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Please notify me when this information is available.

Thank you for your attention to this request and for your prompt reply within 10 days.

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,

Aaron Swartz Day Police Surveillance Project

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k5lrn%3A_P2a74TcuGDrsz7zdTKerLFuxlM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Foregon-public-records-request-long-range-acoustic-devices-lrads-portland-police-bureau-100705%252F%253Femail%253Dpublicrecords-ppb%252540portlandoregon.gov

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.

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 ( S144115-081220) on your check and mail it to:
Portland Police Bureau
Records 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://u4037834.ct.sendgrid.net/ls/click?upn=NsSD9AJ7NC1Zn9x435-2BIaNT1LL8-2B-2FK-2Brfml8fjssMcGlBnI0OShz99EnwI3ACBhKfIxkzN7sD-2Bac0GU7n7mBo9UPbHSU1cA7pr8IURq6aYQ-3D2GtZ_1mcTs-2FzDC6mgumNkqlg-2FdZBEgGvdBoaAgqNu9uXwRbVUs4hoORvv3qp8WDZHlCD9hYauuJUaKWDk5XeCrXz6YAqtL5vwWTNThidBGzTf8X6n6y0TJL-2B61FBjeksb-2BGFnt8iN8ee9seL2yFQBs1NBLYcm3kTp31EGaC3kr3IMTcS5zLmgp5TgaZR4mHqLcnCckkU85fAECy-2FZ702ez6OtaaX6u1xSpqT8pRh6n-2FGjws5FoJahVHMtfA8JFDDSvx48)

Sincerely,

Police Bureau
City of Portland

Dear Aaron :

The City of Portland acknowledges receipt of your Public Records Request.  Your request was received in this office on August 12, 2020 and given the reference number S144115-081220 for tracking purposes.

Record Requested:  To Whom It May Concern:

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

I am writing to request the following information from your office for the period June 1, 2018 to the date of this letter.

Number, if any, of Long Range Acoustic Devices (LRADs) owned by this department or agency, including all purchase documents, manuals, and correspondence with the manufacturer.

Any documents or correspondence during the period encompassing this request regarding possible or planned acquisition of Long Range Acoustic Devices (LRADs).

Any existing or proposed usage policies regarding the use of Long Range Acoustic Devices (LRADs) including protocols, training documents, data storage procedures and prohibited activities.

Any current or past litigation involving or referencing this department or agency involving the use of Long Range Acoustic Devices (LRADs).

Documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Logs or other documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Please notify me when this information is available.

Thank you for your attention to this request and for your prompt reply within 10 days.

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,

Aaron Swartz Day Police Surveillance Project

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k5lrn%3A_P2a74TcuGDrsz7zdTKerLFuxlM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Foregon-public-records-request-long-range-acoustic-devices-lrads-portland-police-bureau-100705%252F%253Femail%253Dpublicrecords-ppb%252540portlandoregon.gov
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.

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 your request to take up to 6 weeks to be processed.  For status updates concerning your public records request please refer to the Portland Public Records Request Center via the link below.  While we cannot expedite every request, if you have an urgent need for the record such as a court date or an issue involving identity theft, please call the Police Bureau directly at (503) 823-0756.  Thank you for your patience.

--- Please respond above this line ---

RE: Police General Records Request of August 12, 2020 Reference # S144115-081220

Dear Aaron ,
The City received a Public Records Request from you on August 12, 2020 for the following: "To Whom It May Concern:

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

I am writing to request the following information from your office for the period June 1, 2018 to the date of this letter.

Number, if any, of Long Range Acoustic Devices (LRADs) owned by this department or agency, including all purchase documents, manuals, and correspondence with the manufacturer.

Any documents or correspondence during the period encompassing this request regarding possible or planned acquisition of Long Range Acoustic Devices (LRADs).

Any existing or proposed usage policies regarding the use of Long Range Acoustic Devices (LRADs) including protocols, training documents, data storage procedures and prohibited activities.

Any current or past litigation involving or referencing this department or agency involving the use of Long Range Acoustic Devices (LRADs).

Documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Logs or other documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Please notify me when this information is available.

Thank you for your attention to this request and for your prompt reply within 10 days.

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,

Aaron Swartz Day Police Surveillance Project

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k5lrn%3A_P2a74TcuGDrsz7zdTKerLFuxlM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Foregon-public-records-request-long-range-acoustic-devices-lrads-portland-police-bureau-100705%252F%253Femail%253Dpublicrecords-ppb%252540portlandoregon.gov"
The City may be the custodian of at least some of the public records you have requested.  The City is preparing an estimate of the time and fees for disclosure of the public records which will be provided by the City within a reasonable time.
Some of your request sounds like a question  and some other questions would only be answered by reviewing hundreds of reports. However, I am requesting records that our Training Division may have retained. I apologize for the delay. Thank you for your patience.
Sincerely,
Tammi Weiss
Public Records Supervisor (She/her) 503-823-9751 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 August 12, 2020 Reference #S144115-081220

Dear Aaron ,

Pursuant to ORS 192.329(5)(b), this is to notify you that I am processing your request and it is taking longer than expected given the volume of requests received by the Police Bureau.  You will receive an additional response in 10 business days.

Thank you for your patience and for using the Portland Public Records Request Center.

Tammi Weiss
Public Records Supervisor (She/her) 503-823-9751 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

Attachments:
RRT_SOP_14_-_LRAD.pdf (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HXmoon8bUdJMgoBOcXKIVU-2FxY4uAs9w38lTMpsKseqzAA3T0I0n3AoOmdRAv9VD5FTg0jsz6hdK-2Faxudf6riUB0gASN9ZIPw-2FSkPlcEoRKoewK13x5-2B1Z41zPWQowvtF3QA9ifzfd1T1I1rq5GjCSevwuVTr8JRro-2BCK4jGllgvY1x9uN1gJ02qImOl6uWvjIg-3D-3DpTr2_1mcTs-2FzDC6mgumNkqlg-2FdZBEgGvdBoaAgqNu9uXwRbVUs4hoORvv3qp8WDZHlCD9bjjc5rjGa5gURZP4KAGipX-2BI49RUgwwd3XETDdEup41heUs1sw4rRVAXZ34OXPseSmXlLtEORWD9k47jhWr87PSEmTbVOOa0rT73X3TO-2BhdMZBqCMYYdE1CNYR6yuXnQtwtMQWmsJ8ll5NrCBEZpNFEOGqoBB-2B-2FhkaNGn4gfhruNcDI3JgTNnrmLgMHtJ3f2S-2BConfxkNyK3OChqJZQ6Ku0iqGm1Vm5vCxfgn5-2FQxYa0amFfuaGkCQj4SCbs2yD6IeK2rNXjViwjn-2FiP8E3jtc5JJ7G4UpLm7rLIlLTtL-2BN7UEhfHbWs8DDFmfPLHMT00-2Bqe5eiD824esM5YaY5J1Q-3D-3D)

--- Please respond above this line ---

RE: Police General Records Request of August 12, 2020 Reference #S144115-081220
Dear Aaron ,
The City received a Public Records Request from you on August 12, 2020 for the following: "To Whom It May Concern:

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

I am writing to request the following information from your office for the period June 1, 2018 to the date of this letter.

Number, if any, of Long Range Acoustic Devices (LRADs) owned by this department or agency, including all purchase documents, manuals, and correspondence with the manufacturer.

Any documents or correspondence during the period encompassing this request regarding possible or planned acquisition of Long Range Acoustic Devices (LRADs).

Any existing or proposed usage policies regarding the use of Long Range Acoustic Devices (LRADs) including protocols, training documents, data storage procedures and prohibited activities.

Any current or past litigation involving or referencing this department or agency involving the use of Long Range Acoustic Devices (LRADs).

Documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Logs or other documents that show how many times Long Range Acoustic Devices (LRADs) have been used on the public during this same time period.

Please notify me when this information is available.

Thank you for your attention to this request and for your prompt reply within 10 days.

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,

Aaron Swartz Day Police Surveillance Project

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k5lrn%3A_P2a74TcuGDrsz7zdTKerLFuxlM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Foregon-public-records-request-long-range-acoustic-devices-lrads-portland-police-bureau-100705%252F%253Femail%253Dpublicrecords-ppb%252540portlandoregon.gov"
Your request is not a request for a City public record but instead asks a question you would like the City to answer. The Oregon Public Records Law requires the City to provide a “specific document requested by a person.” Petition  of Merrick, MCDA PRO 16-05 p. 1-2 (April 15, 2016).  “[T]he Public Records Law "does not require public bodies to explain or to answer questions about their records, analyze their records, or perform legal research or opinions."’ Id. citing Attorney General's Public Records Manual, p.7 (2014).  A requester cannot reframe a question as a public records request to avoid this result: “A person does not alter the essential nature of a question by framing it in terms of public records.” Petition  of Merrick, MCDA PRO 16-05 p. 2 (April 15, 2016).  The Multnomah District Attorney explained the difference between asking a question framed as a record request and asking for specific records.  As that opinion explained “The practical distinction between these two formulations is who must analyze the question being asked and determine what categories or types of documents might be responsive to the. question. Under the public records law that responsibility lies with the requestor. “ Id.
Your request, except for the specific SOP, does not ask the City for specific records but instead ask a questions and seek to have the City identify records responsive to the questions.   The City declines to do so as this is not required by the Oregon Public Records Law.  Because you have not actually made a public records request, the City will be closing this matter.  If you would like to make a request for City records, please log in to the Portland Public Records Center and submit a new request.
However, the SOP has been attached to this request. Also, please visit our website for more information on this subject. https://portlandor.govqa.us/WEBAPP/_rs/(S(wrxdld0a2b3nulw0w022lbsp))/BusinessDirectory.aspx
Sincerely,
Tammi Weiss
Public Records Supervisor (She/her)
503-823-9751
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