Use and policies for controlled firearms acquired through 1033 program (Hemet Police Department)

John Lindsay-Poland filed this request with the Hemet Police Department of Hemet, CA.

It is a clone of this request.

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:

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, including firearms, as reflected in the attached spreadsheet.

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.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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

From: Hemet Police Department

Mr. Lindsay-Poland,

We are in receipt of your original request sent on Friday, August 6th. I am off Fri-Sun each week. We’ll be reviewing the request and getting back to you with a response or estimated date of response, or extension.

Respectfully,

Dale Digiambattista
Support Services Manager
Hemet Police Dept.
951-765-2467

Please, note my email has changed:
ddigiambattista@hemetca.gov

From: Hemet Police Department

Mr. Lindsay-Poland,

Records for your request are stored in off site remote storage and in combination with the time and specialty to research we will need additional time to have them made available. I’ve been informed the responsive information to your request will be ready on 8/30/2021.

Respectfully,

Dale Digiambattista
Support Services Manager
Hemet Police Dept.
951-765-2467

Please, note my email has changed:
ddigiambattista@hemetca.gov

From: Hemet Police Department

Attached are documents related to your CPRA Request. See below for further reference.

On July 28, 2021:
Subject: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Hemet Police Department)
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/<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.dla.mil%2fDispositionServices%2fOffers%2fReutilization%2fLawEnforcement%2fPublicInformation%2f&c=E,1,G6pdCXcZs-rIxlUu1THoAJqgzDC78dsMYbiOcqjILZMsVhi_WXRehpHKXqulzeRkHp3hzLhgSHF_SBvUCP1iBVG-gjiToGUz_u1BM5VtQek,&typo=1&ancr_add=1>), your agency acquired controlled equipment through the 1033 program, including firearms, as reflected in the attached spreadsheet.
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.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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
View request history, upload responsive documents, and report problems here:
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PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

[cid:image001.png@01D5DF06.9E725AF0]
Sergeant Josiah Douglas
Professional Standards Bureau
450 E. Latham Avenue
Hemet, Ca. 92543
(951) 765-2434 (desk)

From: John Lindsay-Poland

Dear Sergeant Douglas,

Thank you so much for your response to my Public Records Act request regarding controlled equipment acquired by Hemet PD through the 1033 program.

The responsive records you sent include documents concerning the rationale for acquisition and DOD's policies for use of the equipment. They do not include records with information on use of the equipment by Hemet PD, or any possible complaints about that use (Requests #2 and #3 of my request). Please indicate whether you have conducted a search for records responsive to requests #2 and #3, and whether you identified any records responsive to that part of my request.

Please feel free to contact me at jlindsay-poland@afsc.org or by phone at 510-282-8983 if you have clarifying questions.

best,
John Lindsay-Poland

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