you ok there guy?
I need information on how to submit an Open Records Request. I have searched the forum and I cannot find the thread that had it all laid out.
If anyoine could help, I would greatly apreciate it. If you PM me I can give you my phone number
you ok there guy?
Somethings to consider...
Originally Posted by qball54208
SUBJECT: Open Records Request re "911 dispatch transcripts, logs, audio, and police reports"
Chief of Police:
INSERT CITY, STATE & ZIP
This is an Open Records Request for all records pertaining to any calls or contact the INSERT PROPER DEPT HERE had with the public or any individual on the date of INSERT DATE HERE regarding carrying, and/or displaying, of firearms within the INSERT MUNICIPALITY HERE
I am requesting any record, including but not limited to emails, faxes, letters, applications, permits, licenses, memoranda, logs, transcripts, reports, policies, police reports, incident reports, or any other correspondence pertaining to any interaction between the INSERT MUNICIPALITY HERE and the public regarding carrying or display of firearms within city limits.
Such documentation might include or pertain to such things as police reports, 911 logs, 911 transcripts, dispatch logs, department policies, incident reports, internal memos, or any other documentation regarding the carrying or display of firearms with the city limits.
As you know, the law requires you to respond to this request "as soon as possible and without delay."
Please also be aware that the Open Records law "shall be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied." Should you deny my request, the law requires you to do so in writing and state what part of the law you believe entitles you to deny my request. Wis. Stat 19.35(4)(a).
The Open Records Act states that you may charge for "the actual, necessary and direct cost" of locating records, if this exceeds $50, and for photocopies. The Wisconsin Department of Justice advises that copying fees under the Open Records law should be "around 15 cents per page and that anything in excess of 25 cents maybe be subject." Please advise me before processing this request if the total cost will exceed $75.00.
Thank you in advance for responding to this request at your earliest convenience and I will also mail you a hard copy of this request to: INSERT MUNICIPALITY HERE
Electronic delivery of records at my email address would be most appreciated. Alternatively, please mail these records to my home address listed below.
INSERT CONTACT INFO HERE
Thank you for your service and kind attention in this matter.
Whoosh! That could be expensive.
I usually recommend against the "any record" phrasing. The statute says they get to charge you for time spent hunting for the requested records. Why waste money paying them to look for any record in a circumstance like a police encounter?
Transcripts can be pretty expensive, too, unless already made. Trust me. The last thing you want to do is pay for making a transcript. I would clarify I wanted copies of any already-existing transcripts, expressly excepting creating a new one.
I usually urge figuring out what records are likeliest to exist and requesting those. Unless you have plenty of budget. If your initial request turns up interesting stuff, you can always send another request.
I might start by looking at who would be communicating and chasing particular possible records those communication channels might have generated. For example, 911 call recording. Dispatch recordings to and from the cop. Dispatch logs. Police car computer text messaging. Field contact report, paper or electronic. Dash cam audio and video. Cop body mike audio.
With that $75 limit against an "any record" request, you have a decent chance, I think, of simply causing a delay while sorting out the costs between the custodian of the records and the requester.
There is nothing really wrong with using the "any record" approach. There may be some very interesting records containing info you never dreamed would be in the record. One just has to understand the potential costs and possible delay of wrangling over the cost if the response turns out to be more expensive than the requester thought. If you have the money for a shotgun approach, by all means go for it.
Last edited by Outdoorsman1; 05-17-2011 at 03:58 PM.
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Further more, if the request is about an on going investigation, something like an incident that has been referred to the District Attorney/Prosecutor, you WILL NOT get the ORR! Most especially a Criminal Investigation.
There is very little information if any you can get on an ORR, however, if you have an Attorney he/she may be able to obtain some information, if not all of it.
Reason being, the Attorney would need that for the Defense.
For the laws concerning ORR, see WI Stat. Ch. 19, starting @ 19.31
I'd really like a link to the DOJ document that says this...The Wisconsin Department of Justice advises that copying fees under the Open Records law should be "around 15 cents per page and that anything in excess of 25 cents maybe be subject."
Found it: http://www.doj.state.wi.us/dls/OMPR/...ec_Outline.pdf
That's a "compliance outline" issued last year. Gives all sorts of helpful tips about ORRs, with the case law & statute references to back up what they say.
MPD is also #@^% ing around playing games delaying & denying my ORR.
Latest thing is they want me to sign a waiver.
That's not in the law, & in fact a court case settled that they can't make a dep't policy like that:
An agency cannot promulgate an administrative rule that creates an exception to the open records law. Chavala v. Bubolz, 204 Wis. 2d 82, 552 N.W.2d 892 (Ct. App. 1996), 95-3120.
Last edited by MKEgal; 05-18-2011 at 07:57 PM.
Originally Posted by MLK, JrOriginally Posted by MSG LaigaieOriginally Posted by Proverbs 27:12Originally Posted by Proverbs 31:17
I want to apologize. Some of my friends got the wrong impression. This has to do with a closed case. I think that a certain LEO has heard a rumor that he may be sued and now noone wants to cooperate.
I will share the story when I am in a position to.
Last edited by BROKENSPROKET; 05-18-2011 at 12:11 AM.
You can, of course, use the 'long-form' of the letter above to make an open records request.
THAT SAID, the law does not require any 'magic words' or form letters.
In my experience, various departments have set up a method for an ORR. Some say they have to be "in writing" they do not. Some say they have to be "in person" they do not.
An open-records request can be a phone call that says: "I would like to make an open records request for any and all records relating to ##########"
An open records request can be an email or letter that says the same. Just make sure to give them a method to contact you back.
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