Purchase and 'less lethal' deployment records (Baldwin Park Police Department)

John Lindsay-Poland filed this request with the Baldwin Park Police Department of Baldwin Park, CA.
Tracking #

24-46

2022-120

2021-179

Multi Request Purchase and 'less lethal' deployment records
Due March 4, 2024
Est. Completion Dec. 16, 2021
Status
Awaiting Response

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:

Good evening:

Please see the attached correspondence.

Best regards,

Tonia Calloway Smith
Assistant to Robert Nacionales Tafoya
Tafoya Law Group, APC
316 W. 2nd Street, Suite 200
Los Angeles, CA 90012
Phone: 213-617-0600
tonia@tafoyagarcia.com<mailto:tonia@tafoyagarcia.com>
[cid:image001.jpg@01D7DD58.C1A78200]
CONFIDENTIALITY NOTICE: This e-mail message, including attachment(s), is intended only for the use of the individual or entity named above, and may contain confidential and/or privileged material. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail and/or by telephone at (213) 617-0600, and destroy all copies of the original message.

From: John Lindsay-Poland

Dear Mr. Nacionales Tafoya and Ms. Calloway Smith,

Thank you for your correspondence. I gather from the final words in the letter and file name that this is a letter of extension for the City of Baldwin Park's response until December 2.

However, you also state that the request is "vague, overly broad, unduly burdensome, unspecific, and unfocused." We have submitted the same request to more than 150 law enforcement agencies in California, and already dozens have produced records, apparently not seeing the request as you have described. Purchase records for a public agency are not broad or unspecific, and the equipment for which those purchase records are sought is clearly described in the request.

While different agencies keep records of deployment of specialized equipment in different formats (the reason for which we did not use more specific language for such records), many agencies have responded to this request with summaries of such deployments (with the data points I requested) or incident reports. Of course, if you have records that are in part or as a whole exempt under the CPRA, you may deny their release. Nevertheless, I ask that you exempt portions be redacted while leaving information requested unredacted.

Thanks in advance for your effort, and I look forward to receiving your response by December 2. Feel free to contact me with any clarifying questions by phone at 510-282-8983 or at jlindsay-poland@afsc.org.

Sincerely,
John Lindsay-Poland

From: Baldwin Park Police Department

To Whom It May Concern:

Please see the attached correspondence.

Best regards,

Tonia Calloway Smith
Assistant to Robert Nacionales Tafoya
Tafoya Law Group, APC
316 W. 2nd Street, Suite 200
Los Angeles, CA 90012
Phone: 213-617-0600
tonia@tafoyagarcia.com<mailto:tonia@tafoyagarcia.com>
[cid:image001.jpg@01D7E790.6F9658F0]
CONFIDENTIALITY NOTICE: This e-mail message, including attachment(s), is intended only for the use of the individual or entity named above, and may contain confidential and/or privileged material. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail and/or by telephone at (213) 617-0600, and destroy all copies of the original message.

From: Baldwin Park Police Department

Dear Sir—

Thank you for your email re PRA 2021-179. The City has been hard with Covid 19 illnesses. Over 30% of our eployees are either quarantined or sick. Accordingly, the processing of PRA’s and the process of collecting documents regarding the same has been delayed.

I believe that the documents will be ready this week. My office or the City Clerk’s office will contact you regarding the number of pages so that you may pay for the copies. Once that is accomplished, you should be able to pick up the documents this week.

If you have any questions, please call me at 626.260.1410. If I am not able to pick up, please leave me a message.

Best and kindest regards, Robert
City Attorney

From: Baldwin Park Police Department

Dear Sir—

I am no longer the City Attorney for the City of Baldwin Park. Please refer all your inquiries to the City of Baldwin Park at 626.960.4011.

Thank you, Robert

From: Muckrock Staff

Hello,

Please see the attached request.

Sincerely,

MuckRock

From: Baldwin Park Police Department

Good morning Muckrock,

I apologies for any inconveniences.

I am new to the City of Baldwin Park and will handle your request for public record dated 12/20/2022.

Unfortunately, because this is the first time, I am seeing your request- I will issue you a new number.

If you have any questions, feel free to reach out.

Kind regards,

[cid:image001.png@01D9144D.86880A00]
Krystal Roman
City Clerk Specialist
City of Baldwin Park<https://www.baldwinpark.com/> | Office of the City Clerk
14403 E. Pacific Avenue, Baldwin Park, CA 91706
P: 626-960-4011, Ext:128
kroman@baldwinpark.com<mailto:kroman@baldwinpark.com>
City Hall is Closed on Fridays

** CITY HALL WILL CLOSED BEGINNING DECEMBER 26TH AND RE-OPEN JANUARY 9TH, 2023**

From: Baldwin Park Police Department

City of Baldwin Park, CA

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Your record request #24-46 has been submitted successfully.

The City of Baldwin Park is in receipt of your California Public Records Act ("CPRA") request (Government Code §§ 7920, et seq.). This email confirms that the City will produce all responsive, non-privileged records subject to disclosure under the CPRA.  

The City Clerk's Office will respond to all requests as soon as possible, but not later than the ten-day period or extensions thereof.

If you requested copies of such records, the city will also let you know at that time the cost for such copies.

The due date for your request may be later than usual because the office is closed on:

* February 19: Presidents' Day

As the requester, you can always see the status of your
request by signing into the City of Baldwin Park, CA
portal.

If you haven't already signed in, you may need to
activate or setup your account to get started.
Once your account is activated, you can communicate directly with the City of Baldwin Park, CA through NextRequest.

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From: Baldwin Park Police Department

City of Baldwin Park, CA

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Documents have been released for record request #24-46 along with the following message:

This correspondence responds to your request for records received by the City of Baldwin Park (“City”) on February 14, 2024, under the California Public Records Act (“CPRA”) (Gov. Code § 7920.000 et seq .).

In accordance with Gov. Code § 7922.525(2), responsive documents are being provided in electronic format through the link below.

City staff members have finished searching for records responsive to your request, either in part or whole. Therefore, this correspondence, deems your request complete.

* PO Flash Bangs.pdf

* Pepperball purchase 03-17-21.pdf

* 04-02-2020 PURCHASE.pdf

* OC purchase 10-29-20.pdf

* Safariland.pdf

Document links are valid for one month.
After March 15, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Baldwin Park, CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>

From: Baldwin Park Police Department

City of Baldwin Park, CA

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Record request #24-46 has been closed. The closure reason supplied was:

The City of Baldwin Park is in receipt of your California Public Records Act ("CPRA") request (Government Code §§ 7920, et seq.) dated February 14, 2024. This email confirms that the City will produce all responsive, non-privileged records subject to disclosure under the CPRA.  

All records have been released, and your request has been fulfilled

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Baldwin Park, CA.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>

From: John Lindsay-Poland

Dear Baldwin Park officials,

Thank you for your response to my Public Records Act request, currently numbered as Request #24-46. This request was originally submitted on October 29, 2021. After an initial exchange with the City's outside counsel about the request, city officials wrote that COVID-19 had affected the City's staffing and capability to respond. In December 2022, Krystal Roman, City Clerk Specialist, said that they would handle the request, but there was no further response, throughout all of 2023. In January of this year, when a followup email was sent to the City, the request was acknowledged and given a new number.

I appreciate the records released in the response to this request. However, the request also sought the following:

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 records released this week do not address this part of the request. Please inform me whether a search has been carried out for such deployment records, and - if there has been a search - the results. If no such search has been conducted, I ask you to do so.

Thank in advance for your help. If you have any questions, you may contact me directly at jlindsay-poland@afsc.org or 510-282-8983.

best,
John Lindsay-Poland

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