February 5, 2019
Ferguson Police Department
222 S. Florissant Road
Ferguson, MO 63135
RE: Sunshine Request
To whom it may concern,
I am requesting access to public records held in your care, custody and control as defined under the Mo. Rev. Stat. § 610.010 also known as The Sunshine Law.
Pursuant to my request for access to these records, I hereby request that the following documents be made available to me:
- All police calls for service to 10393 W. Florissant Avenue, Ferguson, MO, 63135. For the following date range, 12-24-14 through 12-24-18. Preferably in electronic format if possible.
For purposes of interpretation of my request, the following terms apply as a definition:
As used in this chapter:
"Public Governmental Body" means:
any legislative, administrative or governmental entity created by the constitution or statutes of this state, by order or ordinance of any political subdivision or district, judicial entities when operating in an administrative capacity, or by executive order;
"Public records" means:
any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body; provided, however, that personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen years. The term “public record” shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision- making process of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any document or study prepared for a public governmental body by a consultant or other professional service as described in this subdivision shall be retained by the public governmental body in the same manner as any other public record;
Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body. If records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This period for document production may exceed three days for reasonable cause.
Pursuant to Mo. Rev. Stat. § 610.023(4), If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received. Please consider this my formal request for the aforementioned written statement, should access to the requested material be denied.
Pursuant to Mo. Rev. Stat. § 610.029(1), A public governmental body keeping its records in an electronic format is strongly encouraged to provide access to its public records to members of the public in an electronic format. A public governmental body is strongly encouraged to make information available in usable electronic formats to the greatest extent feasible. A public governmental body shall not enter into a contract for the creation or maintenance of a public records database if that contract impairs the ability of the public to inspect or copy the public records of that agency, including public records that are online or stored in an electronic record-keeping system used by the agency. Such contract shall not allow any impediment that as a practical matter makes it more difficult for the public to inspect or copy the records than to inspect or copy the public governmental body’s records. For purposes of this section, a usable electronic format shall allow, at a minimum, viewing and printing of records. However, if the public governmental body keeps a record on a system capable of allowing the copying of electronic documents into other electronic documents, the public governmental body shall provide data to the public in such electronic format, if requested. The activities authorized pursuant to this section shall not take priority over the primary responsibilities of a public governmental body. For purposes of this section the term “electronic services” means online access or access via other electronic means to an electronic file or database. This subsection shall not apply to contracts initially entered into before August 28, 2004. Please consider this my formal request for the aforementioned incident reports to be provided in electronic format.
Pursuant to Mo. Rev. Stat. § 610.026(1)(1), a custodian may furnish without charge records requested primarily for noncommercial purposes. I am requesting the aforementioned documents be provided as a public interest and that all fees be waived. However, my office will pay reasonable costs for the requested information.
Please contact me, preferably via email (email@example.com), with questions or concerns. Telephone messages should be directed to (501-255-1500, ext. 206), however, we prefer email/written communication.
/s/ Scott R. Speckels
Scott R. Speckels
Cook & Cossio