Police data collection project (Racine City Clerk)

Dear Mr. Sinyangwe ,

This email is being sent to acknowledge receipt of the public records request (PR2020-101) that you recently submitted to the City of Racine.

Please be advised that the City is currently processing a large number of public records requests, and they are being processed in the order that they are received. Due to limited staff available to respond to these requests, we are not able to process the requests as quickly as many requesters would like. Your request will be processed as soon as practicable and without delay. We appreciate your patience.

If you have any questions, please do not hesitate to contact this office by replying to this email. Thank you.

City Attorney's Office
730 Washington Avenue
Room 201
Racine, Wisconsin 53403
(262) 636-9115
Fax: (262) 636-9570
publicrecords@cityofracine.org

PRIVILEGE AND CONFIDENTIALITY NOTICE. This electronic transmission may contain work-product or information protected under the attorney-client privilege, both of which are protected from disclosure. This message is intended exclusively for the individual or entity to which it is addressed. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail or telephone at (262) 636-9115, and delete or destroy all copies of the message. APPLICABILITY OF WISCONSIN PUBLIC RECORDS LAW. The City of Racine is subject to the Wisconsin Public Records law. Unless otherwise exempted from the public records law, senders and receivers of City of Racine e-mail should presume that e-mail is subject to release upon request and is subject to state records retention requirements.

Dear Mr. Sinyangwe,

I am writing on behalf of the City of Racine Police Department ("RPD") in response to your public records request (PR2020-101), in which you asked for the following records:

1. the total number of use of force incidents, separated by year and by type of force used from 2016-2019 (for example, "27 taser incidents in 2016, 3 baton incidents in 2017, etc.

2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained, separated by year (for example, 8 complaints in 2016, 2 complaints sustained in 2017, 4 complaints in 2018, 1 complaint sustained in 2019, etc.)

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2016-2019, separated by year

4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2016-2019, separated by year
The RPD has reviewed your request. In order to respond to this request, the RPD would have to create a new record by extracting and compiling the requested information from existing records. Pursuant to Wisconsin's Public Records Law, an authority is not required to create a new record by extracting and compiling information from existing records in a new format. Wis. Stat. § 19.35(1)(L); see also George v. Record Custodian, 169 Wis. 2d 573, 579, 485 N.W.2d 460 (Ct. App. 1992). As such, the RPD is neither obligated to create a new record in response to requests such as this, nor does the RPD have the manpower to dedicate to such requests. Therefore, the RPD must deny your request because these records do not currently exist as requested and, in order to create such records, it would require staff to extract and compile the requested information into a new format, which is not required by Wisconsin's Public Records Law.

This determination is subject to review by mandamus under Wis. Stat. § 19.37(1), or upon application to the Attorney General or District Attorney. If you have any questions or concerns, please contact my office to discuss the matter. Thank you.

Sincerely,
Marisa Roubik

MARISA L. ROUBIK
Assistant City Attorney
City of Racine, Wisconsin

City Attorney's Office
730 Washington Avenue
Room 201
Racine, Wisconsin 53403
(262) 636-9115
Fax: (262) 636-9570

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.

PRIVILEGE AND CONFIDENTIALITY NOTICE. This electronic transmission may contain work-product or information protected under the attorney-client privilege, both of which are protected from disclosure. This message is intended exclusively for the individual or entity to which it is addressed. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail or telephone at (262) 636-9115, and delete or destroy all copies of the message. APPLICABILITY OF WISCONSIN PUBLIC RECORDS LAW. The City of Racine is subject to the Wisconsin Public Records law. Unless otherwise exempted from the public records law, senders and receivers of City of Racine e-mail should presume that e-mail is subject to release upon request and is subject to state records retention requirements.