Unmarked Vehicle Data, Policies, Reporting, Use (Portland Police Bureau)

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RE:  Police General Records Request of August 01, 2020 Reference#S142930-080120

Dear Beryl ,

This City received a Public Records Request from you on August 01, 2020 for the following:
To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

POLICY
All policies, statutes, and guidance used to govern the use of unmarked vehicles or any other vehicle used or in the possession of this agency that is not clearly and obviously marked as a law enforcement vehicle.

Please include all policies regarding access to such vehicles, use of the vehicles, internal reporting requirements when such vehicles are used, and external reporting requirements.

FORMS and GUIDANCE
A blank version of all forms and logs used by this agency in relation unmarked vehicles, including all those used to track use, damage, and the inventory of vehicles.

DATA
All available data, reports, audits, and other aggregated information regarding this agency’s inventory and use of unmarked vehicles for the period from January 1, 2015 through July 31, 2020.

OTHER
In the initial acknowledgement letter from your agency, if you could please include an indication of whether your agency does use unmarked vehicles in some form, that would be appreciated.

For reference, here are examples of the kinds of materials that would be responsive to this request:
• Pennsylvania state statute (http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol35/35-2/55.html);
• opinion of the Wisconsin Attorney General (https://docs.legis.wisconsin.gov/misc/oag/archival/_293/_1/_16);
• Orlando Police Department policy (https://www.orlando.gov/files/sharedassets/public/documents/opd/policies-and-procedures/police-operations/1132.3-response-to-calls-traffic-stops-by-unmarked-police-vehicles.pdf);
• Howard County, Maryland Internal Audit Report of Police Take-Home Vehicle Program Audit - May 2018 (https://cc.howardcountymd.gov/LinkClick.aspx?fileticket=xwqgv-M7q9g%3D&tabid=132&portalid=0)
• Minneapolis’s Daily Activity Report (MP-3006) and Equipment Work Order Log (MP-5400)

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed.

In the event that there are fees appropriately assessed in association with this request, 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,

Beryl Lipton

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k1o24%3A3x0t5S_9YmgcUJeQW8KhEf-s7VA&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Funmarked-vehicle-data-policies-reporting-use-portland-police-bureau-99667%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 ( S142930-080120) on your check and mail it to:
Portland Police Bureau
Records Division
1111 SW 2nd Avenue, Room 1126
Portland, OR  97204
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*Please see this Answer for more information: A006257-010816 (https://u4037834.ct.sendgrid.net/ls/click?upn=NsSD9AJ7NC1Zn9x435-2BIaNT1LL8-2B-2FK-2Brfml8fjssMcGlBnI0OShz99EnwI3ACBhKfIxkzN7sD-2Bac0GU7n7mBo9UPbHSU1cA7pr8IURq6aYQ-3DdTkg_VaMPyoychIYeVS-2BFA96-2BAuFQSOUGumBuXhQIGyFZYoWpPNR-2BcA-2BCiL7YrUlZPHFRu0A3vqtSRrt5ijierfmKuerAIWMUY9pFU9CAWW-2FGvU6iH9JwP2WD6fa0Q-2FS12jnsZfQe7B7eNiYCbondsRRvjiAgInOMSNnA3enovt-2Fenvzq7WW4-2BJ9UKf6hAQlI-2BD33Rn-2BR5Z1UeH4ciIn5KEdJOXHCY-2BAC8mYS4BxhORxX46DJl50R-2FxkWgw552YECSKqg)

Sincerely,

Police Bureau
City of Portland

Dear Beryl :

The City of Portland acknowledges receipt of your Public Records Request.  Your request was received in this office on August 01, 2020 and given the reference number S142930-080120 for tracking purposes.

Record Requested:  To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

POLICY
All policies, statutes, and guidance used to govern the use of unmarked vehicles or any other vehicle used or in the possession of this agency that is not clearly and obviously marked as a law enforcement vehicle.

Please include all policies regarding access to such vehicles, use of the vehicles, internal reporting requirements when such vehicles are used, and external reporting requirements.

FORMS and GUIDANCE
A blank version of all forms and logs used by this agency in relation unmarked vehicles, including all those used to track use, damage, and the inventory of vehicles.

DATA
All available data, reports, audits, and other aggregated information regarding this agency’s inventory and use of unmarked vehicles for the period from January 1, 2015 through July 31, 2020.

OTHER
In the initial acknowledgement letter from your agency, if you could please include an indication of whether your agency does use unmarked vehicles in some form, that would be appreciated.

For reference, here are examples of the kinds of materials that would be responsive to this request:
• Pennsylvania state statute (http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol35/35-2/55.html);
• opinion of the Wisconsin Attorney General (https://docs.legis.wisconsin.gov/misc/oag/archival/_293/_1/_16);
• Orlando Police Department policy (https://www.orlando.gov/files/sharedassets/public/documents/opd/policies-and-procedures/police-operations/1132.3-response-to-calls-traffic-stops-by-unmarked-police-vehicles.pdf);
• Howard County, Maryland Internal Audit Report of Police Take-Home Vehicle Program Audit - May 2018 (https://cc.howardcountymd.gov/LinkClick.aspx?fileticket=xwqgv-M7q9g%3D&tabid=132&portalid=0)
• Minneapolis’s Daily Activity Report (MP-3006) and Equipment Work Order Log (MP-5400)

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed.

In the event that there are fees appropriately assessed in association with this request, 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,

Beryl Lipton

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k1o24%3A3x0t5S_9YmgcUJeQW8KhEf-s7VA&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Funmarked-vehicle-data-policies-reporting-use-portland-police-bureau-99667%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.

RE: Police General Records Request of August 01, 2020 Reference # S142930-080120

Dear Beryl ,


The City received a Public Records Request from you on August 01, 2020 for the following:
"To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

POLICY
All policies, statutes, and guidance used to govern the use of unmarked vehicles or any other vehicle used or in the possession of this agency that is not clearly and obviously marked as a law enforcement vehicle.

Please include all policies regarding access to such vehicles, use of the vehicles, internal reporting requirements when such vehicles are used, and external reporting requirements.

FORMS and GUIDANCE
A blank version of all forms and logs used by this agency in relation unmarked vehicles, including all those used to track use, damage, and the inventory of vehicles.

DATA
All available data, reports, audits, and other aggregated information regarding this agency’s inventory and use of unmarked vehicles for the period from January 1, 2015 through July 31, 2020.

OTHER
In the initial acknowledgement letter from your agency, if you could please include an indication of whether your agency does use unmarked vehicles in some form, that would be appreciated.

For reference, here are examples of the kinds of materials that would be responsive to this request:
• Pennsylvania state statute (http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol35/35-2/55.html);
• opinion of the Wisconsin Attorney General (https://docs.legis.wisconsin.gov/misc/oag/archival/_293/_1/_16);
• Orlando Police Department policy (https://www.orlando.gov/files/sharedassets/public/documents/opd/policies-and-procedures/police-operations/1132.3-response-to-calls-traffic-stops-by-unmarked-police-vehicles.pdf);
• Howard County, Maryland Internal Audit Report of Police Take-Home Vehicle Program Audit - May 2018 (https://cc.howardcountymd.gov/LinkClick.aspx?fileticket=xwqgv-M7q9g%3D&tabid=132&portalid=0)
• Minneapolis’s Daily Activity Report (MP-3006) and Equipment Work Order Log (MP-5400)

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed.

In the event that there are fees appropriately assessed in association with this request, 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,

Beryl Lipton

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k1o24%3A3x0t5S_9YmgcUJeQW8KhEf-s7VA&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Funmarked-vehicle-data-policies-reporting-use-portland-police-bureau-99667%252F%253Femail%253Dpublicrecords-ppb%252540portlandoregon.gov"

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)

--- Please respond above this line ---
RE:  Police General Records Request of August 01, 2020 Reference #S142930-080120

Dear Beryl ,

The City received a Public Records Request from you on August 01, 2020 for the following: "To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

POLICY
All policies, statutes, and guidance used to govern the use of unmarked vehicles or any other vehicle used or in the possession of this agency that is not clearly and obviously marked as a law enforcement vehicle.

Please include all policies regarding access to such vehicles, use of the vehicles, internal reporting requirements when such vehicles are used, and external reporting requirements.

FORMS and GUIDANCE
A blank version of all forms and logs used by this agency in relation unmarked vehicles, including all those used to track use, damage, and the inventory of vehicles.

DATA
All available data, reports, audits, and other aggregated information regarding this agency’s inventory and use of unmarked vehicles for the period from January 1, 2015 through July 31, 2020.

OTHER
In the initial acknowledgement letter from your agency, if you could please include an indication of whether your agency does use unmarked vehicles in some form, that would be appreciated.

For reference, here are examples of the kinds of materials that would be responsive to this request:
• Pennsylvania state statute (http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol35/35-2/55.html);
• opinion of the Wisconsin Attorney General (https://docs.legis.wisconsin.gov/misc/oag/archival/_293/_1/_16);
• Orlando Police Department policy (https://www.orlando.gov/files/sharedassets/public/documents/opd/policies-and-procedures/police-operations/1132.3-response-to-calls-traffic-stops-by-unmarked-police-vehicles.pdf);
• Howard County, Maryland Internal Audit Report of Police Take-Home Vehicle Program Audit - May 2018 (https://cc.howardcountymd.gov/LinkClick.aspx?fileticket=xwqgv-M7q9g%3D&tabid=132&portalid=0)
• Minneapolis’s Daily Activity Report (MP-3006) and Equipment Work Order Log (MP-5400)

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed.

In the event that there are fees appropriately assessed in association with this request, 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,

Beryl Lipton

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k1o24%3A3x0t5S_9YmgcUJeQW8KhEf-s7VA&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Funmarked-vehicle-data-policies-reporting-use-portland-police-bureau-99667%252F%253Femail%253Dpublicrecords-ppb%252540portlandoregon.gov"
The City is prohibited by ORS 181A.820 from using any City "moneys, equipment or personnel" for the purpose of enforcement of federal immigration law.  You have indicated that this public records request is to enforce federal immigration law.  Therefore, the City cannot use its personnel to provide records for that purpose.

If you have marked this in error on your public records request, please update your request or reply to this message stating "I certify that I AM NOT making this request for the purpose of enforcement of federal immigration laws."

Thank you.
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

--- Please respond above this line ---

RE: Police General Records Request of August 01, 2020 Reference #S142930-080120
Dear Beryl ,
The City received a Public Records Request from you on August 01, 2020 for the following: "To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records regarding the use and reporting of use of unmarked vehicles by representatives and employees of this agency:

POLICY
All policies, statutes, and guidance used to govern the use of unmarked vehicles or any other vehicle used or in the possession of this agency that is not clearly and obviously marked as a law enforcement vehicle.

Please include all policies regarding access to such vehicles, use of the vehicles, internal reporting requirements when such vehicles are used, and external reporting requirements.

FORMS and GUIDANCE
A blank version of all forms and logs used by this agency in relation unmarked vehicles, including all those used to track use, damage, and the inventory of vehicles.

DATA
All available data, reports, audits, and other aggregated information regarding this agency’s inventory and use of unmarked vehicles for the period from January 1, 2015 through July 31, 2020.

OTHER
In the initial acknowledgement letter from your agency, if you could please include an indication of whether your agency does use unmarked vehicles in some form, that would be appreciated.

For reference, here are examples of the kinds of materials that would be responsive to this request:
• Pennsylvania state statute (http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol35/35-2/55.html);
• opinion of the Wisconsin Attorney General (https://docs.legis.wisconsin.gov/misc/oag/archival/_293/_1/_16);
• Orlando Police Department policy (https://www.orlando.gov/files/sharedassets/public/documents/opd/policies-and-procedures/police-operations/1132.3-response-to-calls-traffic-stops-by-unmarked-police-vehicles.pdf);
• Howard County, Maryland Internal Audit Report of Police Take-Home Vehicle Program Audit - May 2018 (https://cc.howardcountymd.gov/LinkClick.aspx?fileticket=xwqgv-M7q9g%3D&tabid=132&portalid=0)
• Minneapolis’s Daily Activity Report (MP-3006) and Equipment Work Order Log (MP-5400)

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed.

In the event that there are fees appropriately assessed in association with this request, 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,

Beryl Lipton

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVRZz_7bWCxJSfJJE7YHy40PU%3A1k1o24%3A3x0t5S_9YmgcUJeQW8KhEf-s7VA&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fportland-police-bureau-396%252Funmarked-vehicle-data-policies-reporting-use-portland-police-bureau-99667%252F%253Femail%253Dpublicrecords-ppb%252540portlandoregon.gov"
The City is prohibited by ORS 181A.820 from using any City "moneys, equipment or personnel" for the purpose of enforcement of federal immigration law.  You have indicated that this public records request is to enforce federal immigration law.  Therefore, the City cannot use its personnel to provide records for that purpose.
The City is closing your request and will not be providing records.
Sincerely,
Tammi Weiss
Public Records Supervisor (She/her) 503-823-9751