Purchase records and 'less lethal' use records (Hemet Police Department)
| Multi Request | Purchase records and 'less lethal' use records |
| Submitted | Oct. 7, 2021 |
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Communications
From: John Lindsay-Poland
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
1. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2015 of any of the following:
• Firearms of .50 caliber or greater
• Patrol rifles (as commonly denominated for law enforcement use) or assault rifles (as defined in Sections 30510 and 30515 of the California Penal Code)
• Wheeled vehicles that are built or modified to provide ballistic protection to their occupants, such as Bearcats or armored personnel carriers.
• Projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents
• Long-Range Acoustic Device (LRAD)
2. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2018 of explosives and pyrotechnics, such as "flash bang" grenades and explosive breaching tools, and chemical weapons such as "teargas" and "pepper balls".
3. Records of deployment by your agency since January 1, 2020 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls".
The requested documents will be made available to the general public, and 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.
If you would like to discuss this request, please feel free to reach out to me, John Lindsay-Poland, American Friends Service Committee, at 510-282-8983.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
The requested documents will be made available to the general public, and 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,
John Lindsay-Poland
From: Hemet Police Department
Mr. Lindsay-Poland,
Your request has been received and will be reviewed. Thank you,
Dale Digiambattista
Support Services Manager
Hemet Police Dept.
951-765-2467
Please, note my email has changed:
ddigiambattista@hemetca.gov
From: Hemet Police Department
Good afternoon John Lindsay-Poland. The Hemet Police Department is in receipt of your California Public Records Request dated October 11, 2021. This email and attached documents will serve as our response:
Request #1:
Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2015 of any of the following:
* Firearms of .50 caliber or greater
* Patrol rifles (as commonly denominated for law enforcement use) or assault rifles (as defined in Sections 30510 and 30515 of the California Penal Code)
* Wheeled vehicles that are built or modified to provide ballistic protection to their occupants, such as Bearcats or armored personnel carriers.
* Projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents
* Long-Range Acoustic Device (LRAD)
RESPONSE: Attached are invoice and payment records for 40mm launchers for the requested time frame. The Hemet Police Department does not have firearms of .50 caliber or greater nor LARD's. We also do not have any responsive documents for the remaining requested items for the requested time frame.
Request #2:
Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2018 of explosives and pyrotechnics, such as "flash bang" grenades and explosive breaching tools, and chemical weapons such as "teargas" and "pepper balls".
RESPONSE: Attached are invoice and payment records for explosives and pyrotechnics for the requested time frame.
Request #3:
Records of deployment by your agency since January 1, 2020 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls".
RESPONSE: A local agency is not required to perform a "needle in a haystack" search to locate the record or records sought by the requester. Cal. First Amend. Coalition v. Superior Court, 67 Cal.App.4th 159, 166 (1998).
A diligent search by the City has not located a document containing a summary or index of the information you have requested. In order to respond to your request, the City would be required to search virtually the entirety of the Police Department's incident reports to determine which reports include the use of the types of devices you have listed in your request. The burden on the City is so substantial that the public interest in nondisclosure clearly outweighs the public interest in disclosure under Government Code Section 6255.
Please let me know if you have any questions.
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Sergeant Josiah Douglas
Professional Standards Bureau
450 E. Latham Avenue
Hemet, Ca. 92543
(951) 765-2434 (desk)
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