Purchase records and 'less lethal' use records (Fremont Police Department)
| Multi Request | Purchase records and 'less lethal' use records |
| Submitted | Oct. 7, 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:
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: Fremont Police Department
FYI…I am just in receipt of your email and will respond accordingly.
Thank you
Agnes
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
From: Fremont Police Department
Please find attached Fremont Police Department's response to your request.
Susan McMahon
POLICE RECORDS SUPERVISOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6851 | SMcMahon@fremont.gov
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 Oct. 7, 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: Fremont Police Department
Please see attached spreadsheet responsive to your request.
Thank you
Agnes
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
From: John Lindsay-Poland
Dear Ms. Livingston,
Thank you for calling me back today and I'm sorry that I missed you.
Here are my two followup questions to my Public Records Act request for purchase records and deployment records for various types of equipment used by the Fremont PD.
First, in your October 21 response letter, you stated that you have responsive records to Request #3, for "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"."
I don't see records of this nature in the records that you have disclosed to day. Can you clarify if you are still reviewing such records for determination of release?
Second, the spreadsheet for purchase records is a summary document that reference purchase order numbers. It includes the PO number, year, description, status, dollar amount, and vendor. It does not include, however, the number of items purchased. My question is - short of producing all purchase records per my PRA request - whether you can generate the same list but state a) the number of items purchased for each purchase order and b) the date of the purchase order.
Thanks in advance for your help. If you have any clarifying questions, feel free to contact me by phone at 510-282-8983 or by email at jlindsay-poland@afsc.org.
Sincerely,
John Lindsay-Poland
From: Fremont Police Department
Hi,
As per our phone conversation, we will pull the invoices and send those to you by next week Monday – November 22nd, 2021.
Thanks
Agnes
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
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 Oct. 7, 2021. You had previously indicated that it would be completed on Nov. 22, 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: Fremont Police Department
We have records responsive to the request and will send them to you today.
Thanks
Agnes
From: Fremont Police Department
Hi,
Here are the invoices for the POs that were available (one PO ended up being cancelled so there are no invoices, another has not had any weapons invoiced against it yet).
Thank you
Agnes
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
From: John Lindsay-Poland
Dear Agnes,
Thank you so much for your response to my Public Records Act request, with purchase records, as outline in #1 and # of my request.
Can you let me know whether you are still searching for or reviewing records responsive to #3 of my request, for deployment records? If records are being withheld, please let me know which request(s) they are being withheld for, and on the basis of what section of the Public Records Act.
Again, thanks.
best,
John
From: Fremont Police Department
Hi,
Item #3 – Our definition of deployment means the equipment was taken with personnel out in the field. What is your definition of “deployment” For info, we do not track deployments but we do track the use of this equipment when used as a “use of force” in the field. Is that what you are looking for.
Thanks
Agnes
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
From: John Lindsay-Poland
Dear Agnes,
We are seeking records of deployment of the equipment. Records of use of force are a sub-set of such records of deployment. So I understand if you produce use of force records and find no responsive records for other deployments of the equipment.
Please note that AB 481 will, in the future, require a public annual report on the use of such equipment, not limited to uses of force.
best,
john
From: Fremont Police Department
I am verifying this information and will respond accordingly, thanks for your patience.
Thank you
Agnes
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
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 Oct. 7, 2021. You had previously indicated that it would be completed on Nov. 22, 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: Fremont Police Department
Good morning,
Yes you are correct we only track the use of this equipment when used as a “use of force” in the field. We are aware of AB481.
Thank you
Agnes
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
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From: John Lindsay-Poland
Thanks so much for that clarification.
best,
John
From: John Lindsay-Poland
And, to clarify, I await your response regarding records of equipment deployments in which there was a use of force, as I understood from your December 2, 2021 email that you are gathering.
best,
John
From: Fremont Police Department
No problem, we will gather data and provide accordingly.
Agnes Livingston
POLICE RECORDS ADMINISTRATOR
City of Fremont | Police Department
2000 Stevenson Blvd., Fremont, CA 94538
(510) 790-6840 | Alivingston@fremont.gov
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