Untitled (Orange Police Department)
| Multi Request | Untitled |
| Submitted | Oct. 1, 2021 |
| Due | Oct. 11, 2021 |
| Est. Completion | None |
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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.
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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Oct. 1, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Orange Police Department
Mr. John-Poland,
The City of Orange Police Department has completed its review and evaluation of your request for public records. Based on your request, a search was conducted to identify non-exempt, non-privileged, disclosable public records in possession of the City responsive to your request. Records pertaining to your request will not be produced due to the following exemptions in accordance with the Act:
· Critical Infrastructure Information: A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session. (Gov. Code § 6254(aa).)
· Privilege for Official Information: Your request for information seeks "official information," which means information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time this claim of privilege is made. A public entity has a privilege to refuse to disclose official information, and to prevent another from disclosing official information, if the privilege is claimed by a person authorized by the public entity to do so and: (1) disclosure is forbidden by an act of the Congress of the United States or a statute of this state; or (2) disclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice. (Evid. Code § 1040.)
· Deliberative Process Privilege
o Based on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (Gov. Code § 6255(a).)
o Materials reflecting deliberative or decision-making processes are exempt from production as disclosure of materials would expose an agency's decision-making process in such a way as to discourage candid discussion within an agency and thereby undermine an agency's ability to perform its functions. (Gov. Code § 6255(a); Wilson v Superior Court (1996) 59 Cal. Rptr. 2d 537; Rogers v. Superior Court (1993) 19 Cal. App. 4th 469.)
· Records Not in Existence: The City has no duty to create a record that does not exist at the time of a request. (Gov. Code § 6252(e); Haynie v. Superior Court (2001) 26 Cal.4th 1061.)
· Personal Identifying information: Records containing financial information (i.e. credit card and bank account numbers) are exempt from public disclosure as disclosure could result in fraud or misuse of account numbers for illegal purposes. (Gov. Code § 6254(k).)
This response fulfills your records request to the City of Orange Police Department. Please feel free to contact our office with any questions you may have.
Sincerely,
[cid:image002.jpg@01D7C10E.7BEB7390]
Kathy Palacio <mailto:KPalacio@orangepd.org>
Police Records Manager
Orange Police Department
O: (714) 744-7350 <tel:7147447350;>
F: (714) 744-7320<fax:7147447320>
1107<http://maps.google.com/?q=425%20S.%20Harbor%20Blvd.%20Anaheim,%20CA%2092805> North Batavia Street
Orange, California 92867-4615
Commitment, Character,
Competency, Communication
-
image002
From: John Lindsay-Poland
Dear Ms. Palacio:
Thank you for your response to my Public Records Act request. I am writing to appeal your determination about this request.
You state that the request for purchase records and records of deployment of equipment was being denied on the basis of several exemptions.
"Critical Infrastructure Information: A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session. (Gov. Code § 6254(aa).)"
I did not request any assessment of any agency's vulnerability to terrorist acts or to other criminal acts. If any of the records responsive to my request contain such assessments of vulnerability, the agency may choose to redact these sections from the responsive records.
"information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time this claim of privilege is made"
I did not request information acquired by a public employee in confidence.
"Materials reflecting deliberative or decision-making processes"
Purchase records and records of deployment are, by their nature, reflective of information *after* a deliberative or decision-making process has been undertaken. Again, if any of the records responsive to my request contain such records of deliberative processes, the agency may choose to redact these sections from the responsive records.
"Personal Identifying information: Records containing financial information (i.e. credit card and bank account numbers) "
I did not request personal identifying information, as purchase records are for a public agency, not private individuals. To the extent that any such purchase record contains personal identifying information, the agency may choose to redact such information from the responsive records.
"Records Not in Existence"
Please inform me of which, if any, of the three parts to the request do not have responsive records.
Depending on your response to this appeal, I will consider options for litigation of denial of these records.
I would be happy to discuss the request further with you. I can be reached by phone at 510-282-8983, or via email at jlindsay-poland@afsc.org.
Thank you in advance for your consideration.
Sincerely,
John Lindsay-Poland
From: John Lindsay-Poland
Dear Ms. Palacio,
I am writing to request information on the status of my appeal of your denial of my Public Records Act request, dated October 4, 2021. You responded on October 14, 2021, and I appealed your denial on November 4, 2021.
Please note that we submitted an identical Public Records Act request to more than 120 law enforcement agencies in California. To date, 87 agencies have provided records responsive to the request, while many others are still working on their responses, and only one other agency denied the request in full. Notably, your colleagues in Orange County Sheriff's Office provided records in response to all three points of my request.
Please respond to this appeal of our denial. Without an affirmative response, I will move toward litigation, as I am confident a court will determine these records should be released. Feel free to contact me if you have clarifying questions.
Sincerely,
John Lindsay-Poland
Tel: 510-282-8983
From: Orange Police Department
Good afternoon,
The City of Orange Police Department has completed its review and evaluation of your request for public records. Based on your request, a search was conducted to identify non-exempt, non-privileged, disclosable public records in possession of the City responsive to your request. Records pertaining to your request will not be produced due to the following exemptions in accordance with the Act:
* Critical Infrastructure Information: A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session. (Gov. Code § 6254(aa).)
* Privilege for Official Information: Your request for information seeks "official information," which means information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time this claim of privilege is made. A public entity has a privilege to refuse to disclose official information, and to prevent another from disclosing official information, if the privilege is claimed by a person authorized by the public entity to do so and: (1) disclosure is forbidden by an act of the Congress of the United States or a statute of this state; or (2) disclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice. (Evid. Code § 1040.)
* Deliberative Process Privilege
* Based on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (Gov. Code § 6255(a).)
* Materials reflecting deliberative or decision-making processes are exempt from production as disclosure of materials would expose an agency's decision-making process in such a way as to discourage candid discussion within an agency and thereby undermine an agency's ability to perform its functions. (Gov. Code § 6255(a); Wilson v Superior Court (1996) 59 Cal. Rptr. 2d 537; Rogers v. Superior Court (1993) 19 Cal. App. 4th 469.)
* Records Not in Existence: The City has no duty to create a record that does not exist at the time of a request. (Gov. Code § 6252(e); Haynie v. Superior Court (2001) 26 Cal.4th 1061.)
* Personal Identifying information: Records containing financial information (i.e. credit card and bank account numbers) are exempt from public disclosure as disclosure could result in fraud or misuse of account numbers for illegal purposes. (Gov. Code § 6254(k).)
This response fulfills your records request to the City of Orange Police Department. Please feel free to contact our office with any questions you may have.
Sincerely,
[cid:image002.jpg@01D7FCCA.D7B7A890]
Kathy Palacio <mailto:KPalacio@orangepd.org>
Police Records Manager
Orange Police Department
O: (714) 744-7350 <tel:7147447350;>
F: (714) 744-7320<fax:7147447320>
1107<http://maps.google.com/?q=425%20S.%20Harbor%20Blvd.%20Anaheim,%20CA%2092805> North Batavia Street
Orange, California 92867-4615
Commitment, Character,
Competency, Communication
-
image002
From: Orange Police Department
To Whom it May Concern:
Please confirm receipt of this email. I have received another notice of "no response."
Additionally, I will be mailing (via USPS) a copy of this response to the address provided on the request.
Thank you,
Kathy Palacio
[cid:image004.jpg@01D80BB3.B4F70A10]
Kathy Palacio <mailto:KPalacio@orangepd.org>
Police Records Manager
Orange Police Department
O: (714) 744-7350 <tel:7147447350;>
F: (714) 744-7320<fax:7147447320>
1107 North Batavia Street
Orange, California 92867-4615
Commitment, Character,
Competency, Communication
From: Orange Police Department
A no responsive documents response.
From: John Lindsay-Poland
Dear Ms. Palacio:
I have received your correspondence of Jan. 18, 2022 regarding my Public Records Act request.
best,
John Lindsay-Poland
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