ProPublica: Hate crimes data

Ken Schwencke filed this request with the San Jose Police Department of San Jose, CA.

It is a clone of this request.

Tracking # 17-138
Status
Completed

Communications

From: Ken Schwencke

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Any database or other records of hate crimes or crimes evidencing bias of race, color, ancestry, ethnicity, religion, gender, gender identity, sexual orientation, national origin or disability reported to or investigated by your agency since Jan. 1, 2010, including where available, but not limited to:

the incident number
date of the incident
whether the crime was against individuals or a business / property
number of victims
race or ethnicity of the victims
gender of the victims
the offense classification
the location of the incident
the bias motivation (anti-black, anti-muslim, etc)

I would like the records in a machine-readable, electronic format if possible. If the records are kept in another format, or kept individually, I would still like copies.

This request is made as part of the Documenting Hate Project, a collaboration involving dozens of news organizations, led by ProPublica. Coverage from the project is compiled at https://projects.propublica.org/graphics/hatecrimes#hatecrime-coverage. 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 calendar days, as the statute requires.

Sincerely,

Ken Schwencke

From: Becker, Tamara

The City has received your request for records copied below. It has been forwarded to the Police Department for research.

Tamara Becker
Open Government Manager

From: Capaldo, Kara

Your request below has been received by the San Jose Police Department. I am in the process of seeking the information you have requested.

Government Code 6253(c) of the California Public Records Act allows up to 10 days from the receipt of the request to provide a response to the requestor. A response will be provided to you no later than July 3, 2017 (as the due date of July 1, 2017 falls on a weekend/non-working day).
Regards,

Kara Capaldo
Senior Analyst
Research & Development Unit
San Jose Police Department
408-537-1658

From: Capaldo, Kara

Mr. Schwencke

We are able to provide the following information, from July 1, 2012 to present, via query:

· the incident number

· date of the incident

· number of victims

· race or ethnicity of the victims

· gender of the victims

· the offense classification

· the location of the incident

· the bias motivation (anti-black, anti-muslim, etc)

Government Code Subsection 6253.9(b) allows a local government agency to recover “costs of producing a copy of the record, including the cost to construct a record, the cost of programming and computer services necessary to produce a copy of the record” in two situations:

1. In order to comply with the provisions of subdivision (a), the public agency would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals.

2. The request would require data compilation, extraction, or programming to produce the record.

The current Fee Schedule (http://www.sjpd.org/Records/Fees_Public_Safety.asp) requires $94.00 per hour to cover these costs. The Crime Analysis Unit has provided an estimate of 10 minutes to query either time period mentioned above.

A payment of $15.98 is required to continue processing this request. Payment via check should be made payable to “City of San Jose” and delivered or mailed to my attention at:

San Jose Police Department

Research and Development Unit - PRA

201 W. Mission Street

San Jose, CA 95110

Upon receipt of payment, our Crime Analysis Unit will be notified and your request will be placed in the queue for staff to process.

There are existing hate crimes records that are very limited and only contain the incident number and a general bias motivation (i.e. anti-religion, anti-racial, anti-sexual orientation, etc.) I have attached the file which contains information going back to 2011 and is updated through March of this year. Because this is an existing report, there is no charge to receive this.

Please advise if and when you would like to proceed with this request.

Kara Capaldo
Senior Analyst
Research & Development Unit
San Jose Police Department
408-537-1658

From: Ken Schwencke

Hi Kara,

Thanks so much for your prompt response. I appreciate it. I'll send a check for the more detailed information, but is there no way to compile that for 2011 and 2010 as well?

Thanks again,
Ken Schwencke
ProPublica
w: 917-512-0253
c: 561-756-6135

From: Capaldo, Kara

Unfortunately we do not have records other than what I sent you for those years. We switched to a new records management system in 2012 that enabled us to track that information which is why we can provide it from 2012 to present.

Kara Capaldo
Senior Analyst
Research & Development Unit
San Jose Police Department
408-537-1658

From: Ken Schwencke

Hi Kara,

No worries. The check should be in the mail soon.

Thanks so much,
Ken Schwencke
ProPublica
w: 917-512-0253
c: 561-756-6135

From: Capaldo, Kara

Here is a record that has the 2010 info that we have on file.

Kara

From: MuckRock.com


To Whom It May Concern:

Please find enclosed a check for $15.98 to satisfy the fee associated with the attached public records request.

Thank you.

From: Capaldo, Kara

We have not received the check yet. We cannot proceed with the work until we receive payment.

Kara Capaldo
Senior Analyst
Research & Development Unit
San Jose Police Department
408-537-1658

From: Ken Schwencke

Hi Kara,

The check should have been sent nearly 2 weeks ago. Are you sure you nobody in the office has received it? I'll check with MuckRock to see if they've sent it on our behalf.

Thanks,
Ken Schwencke
ProPublica
w: 917-512-0253
c: 561-756-6135

From: Capaldo, Kara

Yes, there are only two of us and neither of us received it. What address did it go to? And whose attention?

From: MuckRock

Hi there,

I believe this check was mailed to the following address:

San Jose Police Department
Research and Development Unit - PRA
201 W. Mission Street
San Jose, CA 95110

If it isn't received soon, we can send another one. Please let us know.

Thank you.

Best,
Beryl, MuckRock

From: Capaldo, Kara

That’s correct.

I have not received a check. And I’ve asked around and no one else has either.

Unfortunately per City policy, we can’t begin the work until we actually receive it. Can you check and see if it was cashed?

Kara Capaldo
Senior Analyst
Research & Development Unit
San Jose Police Department
408-537-1658

From: MuckRock

Hello Ms. Capaldo,

Thank you for letting us know about the check's failure to arrive. We'll place another one in the mail forthwith.

Best wishes,
Beryl

From: Villarreal, Monique

Hello,

A payment of $15.98 (check # 1403) was provided to the Research & Development Unit from the Records Unit. The mail was received by the Records Unit on August 15, 2017; however, the enclosed letter was only addressed to “San Jose Police Department.” The Records Unit addresses requests for records (general – copies of reports and specific to PRA requests), so the mail was kept within the Records Unit for processing and later determined to not be related to a request being addressed by the Records Unit.

I understand from previous communication with my Supervisor, Kara Capaldo, that the referenced check may have been cancelled and a new check mailed. Please advise if it is desired to process this payment or if a new payment has been submitted.
Regards,

Monique Villarreal
San Jose Police Department
Office of the Chief, Research & Development
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200

From: MuckRock

Hello Ms. Villarreal,

Thanks so much for letting us know. Please go ahead and cash the check that you've received and let us know if there are any other problems.

Best wishes,
Beryl, MuckRock

From: Villarreal, Monique

Ok, great. The payment will be submitted today and will be processed by the Records Unit; a receipt will be emailed to this email address.

The Crime Analysis Unit is processing the request and the results will be provided when completed.

From: Villarreal, Monique

Hello,

Attached are the results provided by the Crime Analysis Unit, covering the time period of July 1, 2012 – July 31, 2017. Please note there are some events noted for the hate crime being committed against both a business and an individual victim. Additionally, each line represents one victim and there may be victims who are the same sex and race for the same incident.
Regards,

Monique Villarreal
San Jose Police Department
Office of the Chief, Research & Development
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200

From: Ken Schwencke

Hi Monique,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Ken Schwencke

From: San Jose Police Department

A copy of documents responsive to the request.

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