1033 equipment use and policies - agencies with MRAPs (Lassen County Sheriff's Department)
| Multi Request | 1033 equipment use and policies - agencies with MRAPs |
| Submitted | July 27, 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:
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 a Mine-Resistant Ambush Protected (MRAP) vehicle.
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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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 either John Lindsay-Poland, co-director of the Healing Justice Program at 510-282-8983 or Nathaniel Phillipps, the Ristad Fellow at 559-994-3647.
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: Lassen County Sheriff's Department
John,
The Lassen County Sheriff's Office has received your California Public Records Act Request regarding our 1033 equipment use and policies - agencies with MRAPs, dated July 28, 2021. We will be working on getting the records you have requested.
Thank you,
Lieutenant Dave Woginrich
Lassen County Sheriff's Office
1415 Sheriff Cady Lane
Susanville, California 96130
Dispatch: 530-257-6121
Admin: 530-251-8013
-----------------------------------------
July 28, 2021
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 a Mine-Resistant Ambush Protected (MRAP) vehicle.
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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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 either John Lindsay-Poland, co-director of the Healing Justice Program at 510-282-8983 or Nathaniel Phillipps, the Ristad Fellow at 559-994-3647.
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, see one related attachment, upload responsive documents, and report problems here:
https://www.muckrock.com/
Attachments:
* California1033ControlledEquipent.xlsx
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
For mailed responses, please address (see note):
MuckRock News
DEPT MR 116752
411A Highland Ave
Somerville, MA 02144-2516
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.
From: Lassen County Sheriff's Department
Good Evening!
I responded to your email PRA request on August 2, 2021. As we were working on gathering the information you requested, the Dixie Fire became an immediate issue for all of our personnel. As of today, August 11, 2021, we are still dealing with the Dixie Fire as it has caused us to evacuate several thousand people from their homes. As soon as things get back to some kind of normalcy, we will provide you with the information you have requested. Please confirm that you received this email and the previous one I sent on August 2, 2021.
Thank you,
Lieutenant Dave Woginrich
Lassen County Sheriff's Office
1415 Sheriff Cady Lane
Susanville, California 96130
Office: 530-251-2740
Dispatch: 530-257-6121
Admin: 530-251-8013
From: John Lindsay-Poland
Dear Lt. Woginrich,
First, I hope you and others near you are safe and that the Dixie Fire is getting under control.
I appreciate your message. Please just let me know a date when you expect to send a response to the request.
Thanks so much.
John Lindsay-Poland
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 27, 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: Lassen County Sheriff's Department
Good afternoon! Attached are three PDF documents regarding your Public Records Act Request. Review the PDF document labeled “1033 PRA Response” first, as it addresses the four Records Requests you submitted. The other PDF documents contain information you requested, specifically for records requests No. 1 and No. 4.
Thank you!
Lieutenant Dave Woginrich
Lassen County Sheriff’s Office
1415 Sheriff Cady Lane
Susanville, California 96130
Office: 530-251-2740
Dispatch: 530-257-6121
Admin: 530-251-8013
From: John Lindsay-Poland
Dear Lt. Wonginrich,
Thank you so much for this response. I very much appreciate it.
I am writing to request a full response to Request #2, which was follows: "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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, and night vision equipment."
Your response states that there were 15 deployments of the MRAP during the time period, and gives a couple examples of the rationales for operations. However, no actual records with information on such deployments were produced, including dates, locations, arrests, etc. Please produce actual records of such deployments that will include this information (and which I imagine you consulted for the brief description of deployments that you sent).
In addition, Defense Logistics Agency records show that the Lassen County Sheriff's Office acquired 13 .556 rifles under the 1033 program in 2002-2003. However, your response did not indicate whether you had made a search for records showing information on use of this equipment during the last two years, nor whether such a search, if any, produced responsive records. Please let me know if you have conducted such a search, and whether it produced responsive records.
Thank you in advance for your cooperation.
best,
John Lindsay-Poland
From: Lassen County Sheriff's Department
Good Morning John!
In regards to Request #2, as it pertains to the use of the MRAP, specifically, we do not keep 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. Therefore, we do not have any actual records to provide to you. The 15 deployments is an estimated number of times we’ve utilized the MRAP on missions, since July 1, 2019.
In regards to the 13 .556 rifles, we have never used or issued them within the last two years. They have always been in storage. However, because we still possess these rifles, we are required to account for and inventory them every year. Further, because we have never used or issued these rifles, we do not have any records to provide to you.
I hope I’ve answered your questions. Have a nice day!
Respectfully,
Lieutenant Dave Woginrich
Lassen County Sheriff’s Office
1415 Sheriff Cady Lane
Susanville, California 96130
Dispatch: 530-257-6121
Admin: 530-251-8013
From: John Lindsay-Poland
Dear Lt. Woginrich,
Thanks so much for your help with this request. I appreciate it.
Sincerely,
John Lindsay-Poland
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