Use and policies for controlled firearms acquired through 1033 program (Los Angeles Police Department)
It is a clone of this request.
| Tracking # |
21-6791 |
| 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:
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
-
California1033ControlledEquipent.xlsx
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
Your first City of Los Angeles record request (request number #21-6791) has been submitted.
It is currently unpublished and is not available for the general public to view.
Request #21-6791.
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
A message was sent to you regarding record request #21-6791:
Dear Requester,
Your CPRA (California Public Records Act) request was received and will be assigned to a Management Analyst.
If you have any further questions, please respond to this email.
Respectfully,
LAPD Discovery Section, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
A message was sent to you regarding record request #21-6791:
Dear Requester:
I have reviewed your California Public Records Act request.
Please be advised that, pursuant to California Government Code Section 6253(c), I have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request. Therefore, my staff will require the statutory fourteen days extension of time in which to respond. A determination concerning your request will be made as soon as possible.
If you have any questions regarding this correspondence, simply respond to this email.
Respectfully,
LAPD Discovery Section, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
A message was sent to you regarding record request #21-6791:
Dear Requester:
Please be advised that the Department continues to search for, identify, and/or review responsive records and will respond as soon as practicable. Thank you for your continued patience.
Respectfully,
LAD Discovery, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
Record request #21-6791 has been closed and published. The closure reason supplied was:
Dear Requester:
We reviewed your request for the following:
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.
The Department’s Response to Item No. 1:
The responsive documents have been provided to you. Please be advised that the Department does not possess a separate manual detailing the policies and procedures regarding the use of 1033-program controlled equipment. All personnel are expected to adhere to the Department’s established standards and policies. The Department periodically releases current standards, policies, practices, operating procedures, and education and training materials subject to California Senate Bill 918. Please visit this webpage for records which may be responsive to your request (see: https://lapdonline.org/detective_bureau/content_basic_view/62285). Additionally, all law enforcement agencies are required to follow the same protocols as prescribed by the Defense Logistics Agency (DFA); therefore, the DFA may have records responsive to your request (see: https://www.dla.mil/DispositionServices/Offers/Reutilization/LawEnforcement/ProgramFAQs.aspx).
The Department’s Response to Item No. 2:
A search of 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 would be unduly burdensome for the Department as interpreted in the “public interest” provision of Section 6255 of the Act. The search would entail identifying each of the firearm, armored vehicle and night vision equipment acquired since July 1, 2019 and reviewing all existing records to identify the requested information. The courts have interpreted this provision to include an exemption where production of the requested documentation would be unduly burdensome to the public agency involved. Therefore, your request is denied.
The Department’s Response to Item No. 3:
While the Department maintains records of complaints pertaining to incidents involving the use of force by the Department’s law enforcement officers, the Department does not have records of complaints related to the use of a particular controlled equipment. Subject to Senate Bill 1421, the Department regularly releases personnel complaint records related to use-of-force incidents which may or may not involve the use of a 1033-program controlled equipment. Please visit this webpage for more information: https://www.lapdonline.org/lapdsb1421.
The Department’s Response to Item No. 4:
The Department has conducted a search based on the information provided and no responsive records were located. Rationales or justification for a request for excess military equipment is entered into a federal program. The California Governor’s Office of Emergency Services (Cal OES) may have records responsive to your request (see: https://www.caloes.ca.gov/cal-oes-divisions/legal-affairs/public-records-request).
Lastly, the Department has previously received a public record request related to the 1033 program. Please visit this webpage for more information: https://lacity.nextrequest.com/requests/18-2200.
If you have any questions regarding this correspondence, simply respond to this email.
Respectfully,
LAPD Discovery Section, CPRA Unit
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
A document has been released for record request #21-6791:
* 21-6791_R.pdf
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
Files
pages