Purchase and 'less lethal' deployment records (Bell Gardens Police Department)

John Lindsay-Poland filed this request with the Bell Gardens Police Department of Bell Gardens, CA.
Multi Request Purchase and 'less lethal' deployment records
Status
Completed

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: Bell Gardens Police Department

Good afternoon,

We are in receipt of your public records act request. We would like some clarification on #3. It’s requesting for records of deployment. What kind of records is this referring to?

Are you requesting police reports of each incident? Any clarification we can get I would greatly appreciate. Thank you!

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".

From: John Lindsay-Poland

Dear Bell Gardens PD,

In response to your clarification request (responding to my Public Records Act request for records of deployment of projectile launch platforms):

We are requesting records that reference such deployments. This could be disclosable police reports for each incident, or a summary of deployments (which is what some other agencies have released in response to identical requests).

For your information, new state legislation will require publication of annual reports on the deployment of this equipment by law enforcement agencies, beginning next year. The required report may be a summary. This request is in anticipation of that requirement.

Sincerely,
John Lindsay-Poland

From: Bell Gardens Police Department

Good afternoon John,
The Bell Gardens Police Department is in receipt of you California Records Act request which seeks 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".

Pursuant to Government Code § 6253(c)(2), we are requesting a fourteen (14) day extension to search for, collect and appropriately examine the records requested. We estimate that you will be provided with any disclosable records no later than Wednesday, November 24, 2021.
If you have any further questions or concern, please contact our records department at 562-806-7610. Thank you for your patience.

Sincerely,

[cid:image003.jpg@01D7D574.9B0B7160]Nancy Hernandez
Bell Gardens Police Department
Records /Property & Evidence Supervisor
Bell Gardens Police Dept.| 7100 Garfield Avenue | Bell Gardens, CA 90201 |(562)8067668 office |(562)928-5321 fax |
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November 1, 2021

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

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From: Bell Gardens Police Department

Good morning John,

The City Attorney currently has the documents under review. I will get an ETA for you shortly.
Thank you again for your patience.

Nancy

From: Bell Gardens Police Department

Good afternoon John,

The City is reviewing the records and anticipates having the records ready or an update of the progress of reviewing the records by 12/02/21. If you have any questions, please don’t hesitate to reach me at 562-806-7668. Again, thank you for your patience .

Nancy

From: Bell Gardens Police Department

Good morning John,

I just wanted to send you an update on this PRA. We are still reviewing the documents and more time is needed. Another update will be provided by/before next Friday, December 10. Please feel free to contact me at 562-806-7668 if you have any questions.
Best regards,

Nancy

From: Bell Gardens Police Department

Good afternoon John,

I apologize. The email went to one of your previous emails used. Below is our response for this PRA. If you have any questions I will be back Monday & Tuesday to answer any questions you might have. Thank you for your patience and Happy Holidays!

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From: John Lindsay-Poland

Dear Nancy,

Thank you so much for the invoices you uploaded in response to my Public Records Act request. I really appreciate your effort on this.

There was a third point to my request, which was for deployment records, and I did not see a response to that in the documents posted. Here is that point of the 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".

Can you let me know whether you conducted a search for these records and, if so, the outcome? Or, if you posted this and I missed it, please let me know. I didn't see a response to that.

Thanks so much.

John

From: Bell Gardens Police Department

Good afternoon John,

In the City's attempt to assist the Requestor, please note there is no one record of deployment that specially list the items requested in item #3. Attached please find the five records of deployment that are responsive to your request. If you have any question, please feel free to contact me at 562-806-7668.
Regards,

Nancy

From: John Lindsay-Poland

Dear Nancy,

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

Sincerely, with hopes for a good holiday,
John Lindsay-Poland

From: John Lindsay-Poland

Dear Nancy, thank you so much for your help gathering the materials for our request. My name is Jennifer and I am a colleague of John's.

I am currently looking at the documents you provided for our request #3, deployment records. I am having a hard time understanding the chart at the beginning of each document.

In the 08-18-2021 document, I see several numbers in the M4 column. Does that represent a specific piece of equipment that was issued but not deployed?

In the 02-06-2020 and 03-09-2020 documents, I see the number "2" in the "40mm" columns. Does that mean Officer Perez and Officer Lopez deployed 2 40mm rounds each on those days? But that no M4 rounds (or other munitions) were deployed either of those days?

Any help you can provide in understanding these documents is greatly appreciated.

Thank you,

Jennifer Tu
American Friends Service Committee

From: Bell Gardens Police Department

Good afternoon Jennifer,

I can definitely help clarify the columns. All the columns are categorized by the equipment number. This lets us know which officer has what weapon.

The LLV is for Less Lethal and those are also tagged by equipment number. NAR is for the Narcan, this is also the equipment number.

Does this answer your question?

In the 08-18-2021 document, I see several numbers in the M4 column. Does that represent a specific piece of equipment that was issued but not deployed? No, this only represent the equipment number that was issued to the officer.

In the 02-06-2020 and 03-09-2020 documents, I see the number "2" in the "40mm" columns. Does that mean Officer Perez and Officer Lopez deployed 2 40mm rounds each on those days? But that no M4 rounds (or other munitions) were deployed either of those days? No, this is number again only represents the equipment number issued to the officer.

From: John Lindsay-Poland

Hi Nancy, thank you for the guidance! That helps a lot. So that means on 02-06-2020, the "X" under "LLV" means that Officer Perez used a less lethal weapon, and the "2" under 40mm means that Officer Perez used equipment #2 to do so? or that 2 rounds of 40mm were used?

Jennifer Tu
American Friends Service Committee

From: Bell Gardens Police Department

Hello Jennifer,

So the X just means the officer had a Less Lethal issued to him that day. We do not document the amount of rounds deployed in the first page.
The documentation would be in the narrative.

From: John Lindsay-Poland

Hi Nancy, thank you so much for the clarification. That helped a lot!

Jennifer Tu
American Friends Service Committee

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