Use and policies for controlled firearms acquired through 1033 program (Escondido Police Department)
| Tracking # |
21-460 |
| Multi Request | Use and policies for controlled firearms acquired through 1033 program |
| Submitted | July 28, 2021 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
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
-
California1033ControlledEquipent.xlsx
From: Escondido Police Department
City of Escondido CA
************************************************************************
Hi there
Your first City of Escondido CA record request (request number #21-460) has been submitted.
It is currently unpublished and is not available for the general public to view.
As the requester, you can always see the status of your
request by signing into the City of Escondido CA Public Records
portal here.
If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #21-460.
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escondido CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escondido Police Department
City of Escondido CA
************************************************************************
Hi there
A message was sent to you regarding record request #21-460:
The City of Escondido is in receipt of your public records request. Discovery has now begun. We will contact you within 10 days in response to your request.
Thank you for contacting the City Clerk's Office with your record request needs. Please let us know if there is anything else we can do to be of assistance to you.
Sincerely,
City Clerk's Office
Local Emergency Information Regarding California Public Records Acts Requests
The City of Escondido is closely monitoring the outbreak of the Coronavirus (COVID-19). On March 13, 2020, the President of the United States declared a National Emergency in light of the COVID-19 pandemic. On March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID-19 in the State. On March 16, 2020, the City also declared a local emergency.
In light of these declarations and related public health orders and guidelines, the City has undertaken measures to maintain a safe and healthy community and to protect City employees. Such measures include having City employees work remotely and a refocus of city resources being placed on essential City functions.
The City is mindful of its obligations under the Public Records Act. However, at this time, given that only essential City functions are being performed by a limited number of staff members, the City’s production of responsive records may and likely will be significantly delayed. We apologize for any inconvenience.
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escondido CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escondido Police Department
City of Escondido CA
************************************************************************
Hi there
A message was sent to you regarding record request #21-460:
The City of Escondido is in receipt of your public records request. Thank you for your patience.
Please note that the City is continuing to research and review material responsive to this request.
Thank you for contacting the City Clerk’s Office with your record request needs. Please let us know if there is anything else we can do to be of assistance to you.
Sincerely,
City Clerk's Office
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escondido CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: John Lindsay-Poland
Dear Escondido City Clerk staff:
Please note that the Public Records Act permits agencies to extend the timeline for response by 14 days, but not indefinitely. I should note that on the same day that we submitted this request to Escondido, we submitted a nearly identical records request to more than 140 California agencies, and most have either responded within the 10-day PRA timeframe or requested a single 14-day extension.
Please inform me whether you will disclose releasable records by 14 days from now, September 3, 2021.
Many thanks.
John Lindsay-Poland
From: Escondido Police Department
City of Escondido CA
************************************************************************
Hi there
A message was sent to you regarding record request #21-460:
Good morning,
The City reached out to you by phone on August 19, 2021 to request your consent to extend the request. Not hearing back from you the City paused the request to allow you time to respond. If you are consenting to the 14 day extension then the 14 days will be calculated from the initial due date, that is the August 19, 2021 due date will be extended to September 2, 2021.
Please let us know if you are consenting to the extension and we will make the appropriate changes to reflect this on Next Request.
In the mean time the City has and will continue to search for records responsive to this request.
Sincerely,
The City Clerk's Office
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escondido CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escondido Police Department
City of Escondido CA
************************************************************************
Hi there
A document has been released for record request #21-460:
* D.I. #1.24.pdf
Document links are valid for one month.
After September 25, 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 Escondido CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escondido Police Department
City of Escondido CA
************************************************************************
Hi there
A document has been released for record request #21-460:
* D.I. #1.2B.pdf
Document links are valid for one month.
After September 25, 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 Escondido CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escondido Police Department
City of Escondido CA
************************************************************************
Hi there
Record request #21-460 has been closed and published. The closure reason supplied was:
The City of Escondido is in receipt of your public records 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.
Response: After research and analysis, staff identified responsive records that are attached to this message. All other policy and procedure regarding the Escondido Police Department may be located at the following link: https://www.police.escondido.org/view-policy-and-procedure-documents.aspx
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: After research and analysis, it has been determined that there are no responsive records associated with your request.
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: Personnel records of peace officers and records maintained pursuant to Penal Code section 832.5, or information obtained from these records, are confidential and shall not be made available for public inspection. (See Gov. Code, § 6254, subd. (k); and Pen. Code, § 832.7, subd. (a).) After research and analysis of those records deemed not confidential, it has been determined that there are no responsive records associated with your request.
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: After research and analysis, it has been determined that there are no responsive records associated with your request.
This will close your request with our office.
Thank you for contacting the City Clerk’s Office with your record request needs. Please let us know if there is anything else we can do to be of assistance to you.
Sincerely,
City Clerk's Office
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escondido CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: John Lindsay-Poland
Dear Escondido City Clerk's Office,
Thanks so much for your help with this request. I appreciate it.
Sincerely,
John Lindsay-Poland
Files
pages