Use and policies for controlled firearms acquired through 1033 program (Arcata Police Department)

John Lindsay-Poland filed this request with the Arcata Police Department of Arcata, CA.
Multi Request Use and policies for controlled firearms acquired through 1033 program
Est. Completion None
Status
No Responsive Documents

Communications

From: John Lindsay-Poland

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Records of your agency related to the deployment and use of controlled equipment obtained through the 1033 Program of the Department of Defense, as set forth below.

According to records posted by the Defense Logistics Agency (https://www.dla.mil/DispositionServices/Offers/Reutilization/LawEnforcement/PublicInformation/), your agency acquired controlled equipment through the 1033 program, as reflected in the attached spreadsheet, including firearms.

I. Requests for Records
Records Request No. 1: All Documents constituting, reflecting, relating to or that contain current use policies if any for each type of 1033-program controlled equipment, including situations or circumstances in which use is authorized or prohibited.

Records Request No. 2: Records that list the dates, locations, suspected offense(s) or rationale for operation, controlled equipment deployed, arrests, and uses of force for each deployment of 1033-program controlled equipment since July 1st, 2019, specifically: firearms, armored vehicles, and night vision equipment.

Records Request No. 3: All records of complaints regarding the use and impact of 1033-program controlled equipment, including correspondence, visual or audio-visual materials, and responses to complaints.

Records Request No. 4: Documents that constitute, reflect, relate to or that contain rationales or criteria for acquisition of 1033-program controlled equipment, prior to its acquisition.

II. Response Time
Please provide requested documents as they become available.

Please respond to this request in ten (10) days, either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record, or by specifying a date in the near future to respond to the request. See Cal. Gov’t Code § 6255. Pursuant to section 6253, please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure.

To assist with the prompt release of responsive material, we ask that you make records available to us as you locate them, rather than waiting until all responsive records have been collected and copied.

The American Friends Service Committee seeks this information as the requestor to promote and provide public access to these documents and increase civic engagement. Because this request is made on behalf of a nonprofit public interest organization, with the intent to make this material easily accessible to the public, we request that you waive any fees. In responding to this request, please keep in mind that Article 1, § 3(b)(2) of the California Constitution expressly requires you to broadly construe all provisions that further the public’s right of access, and to apply any limitations on access as narrowly as possible.

If you would like to discuss these requests, please feel free to reach out to me, John Lindsay-Poland, co-director of the Healing Justice Program 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

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: Arcata Police Department

I first received this request Friday August 6, 2021 not July 28th. I am working on a response and will get back to you as soon as possible and within the 10 days.

Thank you,
Eileen Verbeck

Eileen Verbeck
Police Business Manager
Arcata Police Department
736 F Street
Arcata, CA 95521
707-825-2505

From: Arcata Police Department

Please see below for responses to your request.

Records Request No. 1: All Documents constituting, reflecting, relating to or that contain current use policies if any for each type of 1033-program controlled equipment, including situations or circumstances in which use is authorized or prohibited. The Arcata Police Department does not have policies specific to this equipment. The Arcata City Council authorized the return of this equipment to the Department of Defense and it was sent back February 2021. The Arcata Police Department no longer has any of the equipment listed on the spreadsheet you attached.

Records Request No. 2: Records that list the dates, locations, suspected offense(s) or rationale for operation, controlled equipment deployed, arrests, and uses of force for each deployment of 1033-program controlled equipment since July 1st, 2019, specifically: firearms, armored vehicles, and night vision equipment. The Arcata Police Department never deployed or used the equipment received from the Department of Defense.

Records Request No. 3: All records of complaints regarding the use and impact of 1033-program controlled equipment, including correspondence, visual or audio-visual materials, and responses to complaints. – N/A. The equipment was never used and no complaints were received.
Records Request No. 4: Documents that constitute, reflect, relate to or that contain rationales or criteria for acquisition of 1033-program controlled equipment, prior to its acquisition. A search of Arcata Police Department records did not locate any documents that specified the rationale for accepting the listed equipment.

Please let me know if you have any further questions for need clarification.

Thank you,
Eileen

Eileen Verbeck
Police Business Manager
Arcata Police Department
736 F Street
Arcata, CA 95521
707-825-2505

From: John Lindsay-Poland

Hi,

Thanks so much for your help with this request. I really appreciate it.

Sincerely,
John Lindsay-Poland

Files