Use and policies for controlled firearms acquired through 1033 program (Bell Gardens Police Department)
| Multi Request | Use and policies for controlled firearms acquired through 1033 program |
| Submitted | July 28, 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:
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
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California1033ControlledEquipent.xlsx
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 July 28, 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: Bell Gardens Police Department
Good morning,
This request was received by the Bell Gardens Police Department on August 6, 2021. I’m not sure how you got July 28th.
We are currently looking into this request and will respond as soon as we gather the information requested.
If you have any question you may call me at 562-806-7668.
Thank you,
Nancy Hernandez
From:
Good afternoon Mr. Lindsay-Poland and MuckRock News,
Attached, please find the initial response to your Public Records Request.
Best regards,
Susie
Susie Altamirano
OLIVAREZ MADRUGA LEMIEUX O'NEILL, LLP
500 S GRAND AVE, FLOOR 12, LOS ANGELES, CA 90071
TEL: 213.744.0099 * FAX: 213.744.0093
WWW.OMLOLAW.COM<http://www.omlolaw.com/>
Privileged and Confidential Communication
This e-mail message is intended only for the personal and confidential use of the designated recipients. This message may be an attorney-client communication, and as such is privileged and confidential. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, forwarding or copying of this message is strictly prohibited. Please notify us immediately by reply e-mail or telephone, and delete the original message and all attachments from your system.
From: Bell Gardens Police Department
Good morning John,
The Bell Gardens Police Department is in receipt of you California Records Act request received on August 6, 2021, which seeks the following records:
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.
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 Sunday August 29, 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:image002.jpg@01D79276.610F2E20]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 |
[Facebook]<https://www.facebook.com/pages/The-Bell-Gardens-Police-Department/492682524131952?ref=hl>[Twitter]<https://twitter.com/BellGardens_PD>[USPDHUB.com]
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LAW ENFORCEMENT USE ONLY- WARNING: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, distribution or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Permission to forward or distribute anything from this communication to any non-law enforcement contacts must be sought through the originator/originating agency of the information contained herein.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 28, 2021. You had previously indicated that it would be completed on Aug. 29, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Bell Gardens Police Department
Good Morning MudRock News,
The Bell Gardens Police Department is in receipt of you California Records Act request received on August 06, 2021, which seeks the following 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.
Response #1: Weapons, Sights, Scopes and Camouflage Net: Used strictly for training and are assigned to the Range. Camouflage Net is used at Burro Canyon Range. (3) Ballistic Blankets… approximately 2’X3’ each: Stored in the Armored Vehicle that has never been deployed. MRAP (Mine-Resistant Ambush Protected) Vehicle: Armored Vehicle Justification and Intended Usage Letter attached. See attached Law Enforcement Agency (LEA) Weapon Request form, Armored Vehicle Request form, and Armored Vehicle Justification Memorandum from February 1, 2021
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.
Response #2: Weapons, Sights, Scopes and Camouflage Net: Used strictly for training and are assigned to the Range. Camouflage Net has been used for shade at Burro Canyon Range. MRAP has never been deployed for operations.
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.
Response #3: There are no reported complaints regarding the use and impact of 1033-program controlled equipment possessed by Bell Gardens Police Department.
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.
Response #4: See attached Law Enforcement Agency (LEA) Weapon Request form, Armored Vehicle Request form, and Armored Vehicle Justification Memorandum from February 1, 2021.
The Bell Gardens Police Department has fully responded to your request and no further response is forthcoming. If you have any questions please feel free to contact me at 562-806-7610.
Sincerely,
Nancy Hernandez
Records Supervisor
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California1033ControlledEquipent
From: John Lindsay-Poland
Dear Ms. Hernandez,
Thanks so much for your help with this request. I appreciate it.
Sincerely,
John Lindsay-Poland
From: Bell Gardens Police Department
Good afternoon John,
I am finalizing the documents that you requested. I will have a response to you by tomorrow morning.
Thank you for your patience.
Nancy
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Aug. 6, 2021. You had previously indicated that it would be completed on Aug. 29, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Bell Gardens Police Department
Hello John,
I am confused on this follow-up email. This request was closed on 09-13-21.
I believe I accidently used this email address to respond to another request. There is no additional information to add to this request.
Thank you
From: John Lindsay-Poland
Dear Nancy,
My apologies that you got a follow-up email, which was automatically generated by Muckrock. I see that response to this request was completed in September. You shouldn't be getting any other 'reminders' about it.
best,
John
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Aug. 6, 2021. You had previously indicated that it would be completed on Aug. 29, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Aug. 6, 2021. You had previously indicated that it would be completed on Aug. 29, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on Aug. 6, 2021. You had previously indicated that it would be completed on Aug. 29, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
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