Use and policies for controlled firearms acquired through 1033 program (Guadalupe 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: 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:
Mr. Lindsay-Poland:
This email is in response to your request for public records sent to the
City of Guadalupe and received on August 18, 2021. Actually, you sent two
requests, one dated August 6, 2021, and the other, dated August 9, 2021,
the second of which references an initial request dated July 28, 2021.
Please be advised that the City does not appear to have received any
request from you concerning this subject matter (i.e., 1033 Equipment
Program) dated July 28, 2021.
In any case, we acknowledge receipt of your request for public records,
copies of which are attached to this email for your reference.
Please be advised that with respect to your "Records Request No. 1," the
City of Guadalupe does not have any current use policies for any type of
1033-program controlled equipment. The City acknowledges that it acquired
three rifles (in 1998) and one or two night vision scope(s) (in 2011)
through the 1033 program, but this equipment has not been used for
approximately 10 years (the night vision scopes apparently were never used,
and it is unclear if the rifles were ever used). Regardless, the 1033
equipment in the City's possession has not been used for approximately 10
(or more) years, and the City does not have any intentions of using this
equipment. For this reason, there are no current policies concerning the
use of 1033 equipment.
As to your "Records Request No. 2" and Records Request No. 3," there are no
complying documents in the City's possession that exist or have ever
existed.
Lastly, with respect to your "Records Request No. 4," the City is still
searching to determine if any complying documents exists (or still exist).
The City intends to provide you with any such documents, if they exist, but
requires more time to search for them. The City intends to complete this
search within 14 days from today's date. I will let you know if there are
any existing documents that are responsive to this request by that date,
and if so, will provide you with copies.
Please feel free to contact me if you have any questions.
Thank you.
Philip Sinco, City Attorney
City of Guadalupe
*The Law Office of Philip F. Sinco*
*519 S. Broadway*
*Santa Maria, CA 93454*
(805) 598-7694
*sinco.muni.law@gmail.com <sinco.muni.law@gmail.com>*
From: John Lindsay-Poland
Dear Mr. Sinco,
Thank you so much for your response of August 31 to my Public Records Act request regarding controlled equipment acquired through the 1033 program. I appreciate your diligence. I am using a platform (Muckrock) to submit PRA requests, so am not sure why you received two requests, well after the date that I submitted them through the platform.
I look forward to your response regarding Request #4 on records of the rationale for acquisition of the equipment, if such records are found, by September 14.
best,
John Lindsay-Poland
From: Guadalupe Police Department
Mr. Lindsay-Pollard:
As promised in my previous email to you dated August 31, 2021, I am
providing you with the City of Guadalupe's further (and final) response to
your request for public records. Absent hearing back from you concerning
this response, I will assume that the City has fully complied with your
request for public records.
In my August 31, 2021, email I informed you that the City did not have any
complying records for the first three of the four categories you identified
in your request for public records, which were, specifically:
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.
As of August 31st, I advised you that the City was still searching for
documents that might comply with Request No. 4.
The Guadalupe Police Department has completed its search for documents of
the type you requested and located a document entitled "State Plan of
Operation Between the State of California and the Guadalupe Police
Department" (the January-February 2021 version) which was signed by
Director of Public Safety, Michael Cash, on April 13, 2021. I have
attached this document to this email.
Upon reviewing this document, I believe that it does not comply with any of
your four request categories, including Request No. 4; however, since it is
a "current" document (specifically, an required annual certification) it
might arguably comply with your Request No. 1, and therefore, it is being
provided to you. I had previously advised you that the City does not have
any documents concerning "current use policies" since the City has not used
any of the 1033 equipment in its possession for more than 10 years and has
no intentions of using it (or acquiring any more). Regardless of whether
the attached document complies with any of the types of documents related
to 1033 equipment that you requested, it is the only document in the City's
possession that relates to 1033 equipment and has been provided to you for
that reason.
Please let me know if I may be of any further assistance to you.
Thank you.
Philip Sinco
*The Law Office of Philip F. Sinco*
*519 S. Broadway*
*Santa Maria, CA 93454*
(805) 598-7694
*sinco.muni.law@gmail.com <sinco.muni.law@gmail.com>*
From: John Lindsay-Poland
Dear Mr. Sinco,
Thanks so much for your help with this request. I really appreciate it. Other agencies have also provided their State Plans of Operation for 1033-acquired equipment, which might arguably constitute something of a use policy, since it commits the agencies to certain practices.
Sincerely,
John Lindsay-Poland
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