Use and policies for controlled firearms acquired through 1033 program (El Dorado County Sheriff's Office)

John Lindsay-Poland filed this request with the El Dorado County Sheriff's Office of El Dorado County, CA.
Tracking #

P003446-080821

Multi Request Use and policies for controlled firearms acquired through 1033 program
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:

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: El Dorado County Sheriff's Office

--- Please respond above this line ---

Dear Mr. Lindsay-Poland,
I am in receipt of your PRA regarding the 1033 program. I will be able to research some of the requests you made. I sent a portion of this to another division to answer part of your requests which will take an undetermined amount of time depending how many documents they have. Therefore, I will extend this out pursuant to GC 6253(1) and set a date of 8/25/21. I will certainly deliver the items sooner if received prior to this date.
Sincerely,
Sgt. C. Engelbrektson
engelc@edso.org
530-621-6628

From: John Lindsay-Poland

Sgt. Engelbrekston,

Thanks. I'll look for your response later this month.

best,
John Lindsay-Poland

From: John Lindsay-Poland

Correction:
My email address for clarifying questions on the 1033 equipment Public Records request is jlindsay-poland@afsc.org. Please forgive the error.

John Lindsay-Poland

From: El Dorado County Sheriff's Office

--- Please respond above this line ---
Dear Mr. Lindsay-Poland I have reviewed your request for information regarding the 1033 program.  I have determined that the El Dorado County Sheriff's Office has information responsive to your request as follows: Request 1.  The El Dorado County Sheriff's Office is in possession of thirty M16 style semi automatic rifles chambered in 5.56 mm that were acquired under the 1033 program.  These rifles are not issued to any EDSO personnel and are stored in our EDSO secure armory.  If you wish to view any of our policies, I would refer to to the El Dorado County Sheriff's Office web site.  Our policy manual is available to view from our web site.  Policy Section 312.2.4 talks about rifles. Request 2.  After a diligent search I have found that no records are available responsive to your request. Request 3. After a diligent search I have found that no records are available responsive to your request. Request 4. After a diligent search I have found that no records are available responsive to your request. Should you have any further questions, please feel free to ask me. Sincerely, Sgt. Bobby St. Pierre stpierrr@edso.org 530-642-4706

From: John Lindsay-Poland

Dear Sgt. St. Pierre,

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

Sincerely,
John Lindsay-Poland

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