Texas police certification 2023-8-14

Sam Stecklow filed this request with the Texas Commission On Law Enforcement of Texas.

It is a clone of this request.

Status
Completed

Communications

From: Sam Stecklow

To Whom It May Concern:

This is a public records request made via MuckRock under the Public Information Act, seeking records related to law enforcement officer certification in this state.

This request is brought by Big Local News along with a collaboration of news organizations, including ABC News, the Invisible Institute, MuckRock and other news organizations. Big Local News is a program of Stanford University’s Journalism and Democracy Initiative and helps journalists collect, process and analyze public data.

We are seeking two categories of certification records:

* All certified officers
All law enforcement officers who are actively certified as of the date of this request (or when the request is processed). If your system maintains historical records of previously certified officers who are no longer active, please include them as far back as possible. If correctional officers are certified by your agency, please include them as well.

* Decertified officers
All law enforcement officers who have been decertified through revocations, voluntary surrenders, suspensions or any other actions going back as far as possible. Please include records for decertified correctional officers if available.

Data elements for certified officers:
* Officer unique ID number
* POST or state certification ID number
* Officer’s full name
* Officer’s date of birth or, if not releasable, year of birth or current age
* Officer’s city and/or zip code of residence
* Officer’s last/current department or agency
* Officer’s last/current department or agency start date
* Officer’s last/current position and/or rank at that department or agency
* Officer’s previous departments/agencies (employment history), with start and end dates
* Officer’s positions and/or ranks at previous departments or agencies
* Officer’s original date of certification
* Current status of certification (active, lapsed, expired, suspended, etc.)
* Last action taken on certification
* Date of last action on certification
* Disciplinary actions taken against this officer’s certification
* Dates of disciplinary actions taken against this officer’s certification
* Training history/additional certifications of this officer, if available

Data elements for decertified officers:
* Officer unique ID number
* POST ID number
* Officer’s full name
* Officer’s date of birth or, if not releasable, year of birth or current age
* Officer’s city and/or zip code of residence.
* Officer’s last department/agency, with start and end date
* Officer’s last position and/or rank at that department or agency
* Decertification action taken (revocation, suspension, voluntary surrender, etc.)
* Date decertification action taken
* POST case number, if applicable
* Reason for decertification or similar action

If your certification system contains data elements not listed above, please include them in the response, provided they are releasable under the law. On the other hand, we recognize some of the information we are asking for may not be tracked by your system. If that is the case, we are willing to accept as many of the data elements as your agency maintains. If some records are more readily available, we are happy to receive partial information as soon as possible while the remaining request is processed.

In addition to the data elements listed, we request documentation necessary to understand and interpret the data, including but not limited to record layouts, data dictionaries, code sheets, lookup tables, etc.

Our preference is to receive structured data provided in a machine-readable text file, such as delimited or fixed-width formats. We can also handle a variety of other data formats including SQL databases, Excel workbooks and MS Access. If there are additional formats your agency would prefer to provide, please let us know.

We are seeking this information as a news media organization on a matter of public interest concerning the conduct of government. As such, we ask for a waiver of all fees, if allowed under state law. If fees are necessary to reimburse the agency for actual costs, we agree to pay up to $100. If costs exceed that amount, please let us know before fulfilling the request.

Please send clarifications and questions via electronic communication at any time. Thank you very much for your time and attention to this request.

Sam Stecklow
Invisible Institute

From: Texas Commission On Law Enforcement

Good Afternoon Sam Stecklow,

TCOLE has received your request and is in the process of reviewing the information/data requested with our IT department. This request will require an extended timeframe and cost to possibly exceed the $100 maximum you advise in your request. Additionally, note that some of the information you have requested may not be eligible to release, which will be advised upon further review. Please expect further communication to include a time estimate and cost estimate for your approval by no later than end of day September 5, 2023.

At this time, our IT director has advised the following proposal for release of data based off the most readily available information:

3 data sets to include:

Set 1: all ACTIVELY LICENSED peace officers and jailers through time (per your request, minus the data we are restricted from providing), each with the last 4 years-worth of training records.

Set 2: all INACTIVE peace officer and jailers who went inactive in the last 6 years, each with the last 4 years-worth of training records.

Set 3: Licensees who have been revoked, surrendered, or cancelled going back 10 years.

Public Information

Government Relations

Texas Commission on Law Enforcement

6330 East Hwy 290, Suite 200, Austin, Texas 78723

Phone: 512-936-7763

Twitter<https://twitter.com/tcole> | Facebook<https://www.facebook.com/txcole> | Instagram<https://www.instagram.com/accounts/login/?next=/texas_comm_law_enforcement/>

Ensuring Texas is served by law enforcement professionals

This communication, including attachments, may contain information that is confidential and protected. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, and employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading them or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful.

From: Sam Stecklow

Hello

Thank you. To clarify, these three categories listed can be provided at no cost, and I am waiting for a cost estimate for the things that do not fall in these categories? Or am I missing something about this?

Thank you

From: Texas Commission On Law Enforcement

Good Morning,

The information you are requesting is a vast amount of data and will have to be processed by our IT department into a sharable format. A cost will be required based on the estimated hours of work that will be done in reference to this request.

Public Information

Government Relations

Texas Commission on Law Enforcement

6330 East Hwy 290, Suite 200, Austin, Texas 78723

Phone: 512-936-7763

Twitter<https://twitter.com/tcole> | Facebook<https://www.facebook.com/txcole> | Instagram<https://www.instagram.com/accounts/login/?next=/texas_comm_law_enforcement/>

Ensuring Texas is served by law enforcement professionals

This communication, including attachments, may contain information that is confidential and protected. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, and employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading them or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful.

From: Texas Commission On Law Enforcement

Good Afternoon Mr. Stecklow,

We appreciate your patience during our review of the information and data you are requesting. Per our phone conversation yesterday, we have reduced the information you requested to exclude "training history" in an attempt to reduce your time and cost estimates. Additional conversations with the IT team have determined TCOLE does have a minimal cost estimate that is below the $100 maximum you were concerned about exceeding, please see attachments. We have reduced the information you requested to exclude "training history" in an attempt to reduce your time and cost estimates.

Please read the attachments and respond with desired action.

Below is the information eligible for release per your request:
* Officer unique ID number CREATED BY DATA SYSTEM - SPECIFIC TO THIS REQUEST - ADDITIONAL FUTURE REQUESTS MIGHT RESULT IN ALTERNATE UNIQUE ID NUMBERS
* Officer’s full name
* Officer’s last/current department or agency
* Officer’s last/current department or agency start date
* Officer’s previous departments/agencies (employment history), with start and end dates
* Officer’s original date of certification
* Current status of certification (active, lapsed, expired, suspended, etc.)
* Last action taken on certification
* Date of last action on certification
* Disciplinary actions taken against this officer’s certification
* Dates of disciplinary actions taken against this officer’s certification
* Decertification action taken (revocation, suspension, voluntary surrender, etc.)
* Date decertification action taken
* Additional certifications

The following information is not eligible for release:

* POST or state certification ID number
* Officer’s date of birth or, if not releasable, year of birth or current age
* Officer’s city and/or zip code of residence

The following information is not stored in a format that is releasable with the requested data:

* POST case number, if applicable
* Reason for decertification or similar action

The following information that is not managed/regulated by TCOLE:
* Officer’s last/current position and/or rank at that department or agency
* Officer’s positions and/or ranks at previous departments or agencies

Public Information

Government Relations

Texas Commission on Law Enforcement

6330 East Hwy 290, Suite 200, Austin, Texas 78723

Phone: 512-936-7763

Twitter<https://twitter.com/tcole> | Facebook<https://www.facebook.com/txcole> | Instagram<https://www.instagram.com/accounts/login/?next=/texas_comm_law_enforcement/>

Ensuring Texas is served by law enforcement professionals

This communication, including attachments, may contain information that is confidential and protected. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, and employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading them or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful.

From: Sam Stecklow

Hello Sarah

Thank you for looking into the PID question. I understand why TCOLE may do this, but I actually think that changing the PID for future requests would potentially be even worse than not providing one at all — we intend to make this request at somewhat regular intervals, to capture changes, and we need to be able to easily match these officers to the previous data we have.

Let me know if I can clarify this any further.

Thanks

Sam

From: Texas Commission On Law Enforcement

Good Afternoon Mr. Stecklow,

PIDs may be redacted per Texas Attorney General ORD 581: ord19900581.pdf (texasattorneygeneral.gov)<https://www.texasattorneygeneral.gov/sites/default/files/ord-files/ord/2020/ord19900581.pdf>
Page 7 "SUMMARY Where information has no significance other than its use as a tool for the maintenance, manipulation, or protection of public property, it is not the kind of information made public by section 3(a) of the Open Records Act. Accordingly, computer programs used by Southwest Texas State University to maintain records need not be released."

Page 3 of a Letter Ruling from Sept 22, 21 that's publicly posted on the OAG website here: or202126075.pdf (texasattorneygeneral.gov)<https://www2.texasattorneygeneral.gov/opinions/openrecords/51paxton/orl/2021/pdf/or202126075.pdf> , gives a clear description.

"In Open Records Decision No. 581 (1990), this office determined certain computer information, such as source codes, documentation information, and other computer programming, that has no significance other than its use as a tool for the maintenance, manipulation, or protection of public property is not the kind of information made public under section 552.021 of the Government Code. We understand the officers’ TCOLE identification numbers are unique computer-generated numbers assigned to peace officers for identification in TCOLE’s electronic database and may be used as an access device number on the TCOLE website. Thus, we find the officers’ TCOLE numbers do not constitute public information under section 552.002 of the Government Code. Therefore, the officers’ TCOLE numbers are not subject to the Act and need not be released to the requestor."

Your current and future requests for information will be considered a request for "new data" and a new IT query will be run for each, creating new unique reference numbers for each query.

Public Information

Government Relations

Texas Commission on Law Enforcement

6330 East Hwy 290, Suite 200, Austin, Texas 78723

Phone: 512-936-7763

Twitter<https://twitter.com/tcole> | Facebook<https://www.facebook.com/txcole> | Instagram<https://www.instagram.com/accounts/login/?next=/texas_comm_law_enforcement/>

Ensuring Texas is served by law enforcement professionals

This communication, including attachments, may contain information that is confidential and protected. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, and employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading them or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful.

From: Sam Stecklow

OK. I will get back to you.

Thank you

From: Sam Stecklow

Hello

We agree to your proposal to provide the new temporary unique ID. Please let me know the payment options.

Thanks

Sam

From: Texas Commission On Law Enforcement

Good Afternoon Sam,

Thank you for the response. Please refer to the previously sent Cost Estimate document (attaching again for convenience). At this time, TCOLE is only accepting checks for these requests. Once TCOLE receives your payment, we can begin working on your request.

Public Information

Government Relations

Texas Commission on Law Enforcement

6330 East Hwy 290, Suite 200, Austin, Texas 78723

Phone: 512-936-7763

Twitter<https://twitter.com/tcole> | Facebook<https://www.facebook.com/txcole> | Instagram<https://www.instagram.com/accounts/login/?next=/texas_comm_law_enforcement/>

Ensuring Texas is served by law enforcement professionals

This communication, including attachments, may contain information that is confidential and protected. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, and employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading them or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful.

From: Sam Stecklow

Hello Sarah

What agency/entity should the check be made out to, and where should it be sent?

Thanks

Sam

From: Sam Stecklow

Please disregard the last message

From: Texas Commission On Law Enforcement

Good Morning Sam Stecklow,

Please click on the provided link, sent to you separately, to access the requested data. If you have any problems accessing the link or the included excel spreadsheets, please let us know.

Public Information

Government Relations

Texas Commission on Law Enforcement

6330 East Hwy 290, Suite 200, Austin, Texas 78723

Phone: 512-936-7763

Twitter<https://twitter.com/tcole> | Facebook<https://www.facebook.com/txcole> | Instagram<https://www.instagram.com/accounts/login/?next=/texas_comm_law_enforcement/>

Ensuring Texas is served by law enforcement professionals

This communication, including attachments, may contain information that is confidential and protected. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, and employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments, without reading them or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful.

From: Texas Commission On Law Enforcement

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Good Morning Sam Stecklow,
Please click on the provided link to access the requested data. If you have any problems accessing the link or the included excel spreadsheets, please let us know.
Respectfully,
TCOLE Open Records Coordinator

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