Use and policies for controlled firearms acquired through 1033 program (Los Angeles County District Attorney)

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

I am writing to inquire about the status of your response to my Public Records Act request regarding the Los Angeles County DA's policies and use of controlled equipment acquired through the 1033 program, submitted more than one month ago. A copy of the request follows below.

Please let me know the status of your response. If you have any clarifying questions, you may contact me at jlindsay-poland@afsc.org or by phone at 510-282-8983.

Thank you.

best,
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

Kimberly Toney
Special Assistant to District Attorney George Gascon

Re: Followup to denial of Public Records Act request

Dear Ms. Toney:

I am writing to respond to your response to my Public Records Act request, submitted July 28, 2021, for use policies, deployment and complaint records, and records reflecting the rationale for acquisition from the Department of Defense 1033 program of firearms, specifically 5.56 rifles acquired in 2003. Your response with the initial request is attached below.

You note that no existing record contains all of the information in my request, and that the CPRA does not require you to create a new record. However, even if some records contain some of the information identified in my request, they would be responsive to it. Requestors do not need to identify a single record that contains all the information they seek. If the records exist and are disclosable, compiling those records does not constitute “creating a new record.”

You state that the records - which you did not identify - "are exempt from disclosure because security issues are present in the records you are seeking, and the public interest in non-disclosure clearly outweighs the public interest served by disclosure."

Request #1 of my request was for use policies for 1033-controlled equipment (5.56 rifles or patrol rifles) was denied. However, the Bureau of Investigation posts this policy online: https://da.lacounty.gov/sites/default/files/pdf/LADA-BOI-Policy-Manual-121721.pdf. Specifically, section 307.3 of the policy manual outlines a use policy for patrol rifles, of which 5.56 rifles are one type.

You also denied Request #2 of my request, for deployment records of controlled equipment acquired under the 1033 program. However, more than 20 other law enforcement agencies in California have responded recently to identical and similar requests for deployment records of such equipment with incident reports, summaries, and other documentation. The agencies include: South San Francisco PD, West Sacramento PD, Butte County College Police, Tulare Police Dept, Clovis PD, Merced County Sheriff's Office, Woodland PD, Milpitas PD (incident and callout reports for MRAPs and other 1033 controlled equipment); as well as Sonoma County Sheriff's Office, Watsonville PD, Amador PD, Calaveras County Sheriff's Office, Fairfield PD, San Joaquin County Sheriff's Office, and others (who disclosed incident reports and other deployment records for 'less lethal' launchers and munitions). I attach some samples of these disclosed records.

For request #2 for deployment records, I am narrowing my request to the LA DA, to those records that list the dates, locations, arrests, uses of force suspected offense(s) or rationale for operation since July 1, 2019 only for 1033-acquired 5.56 rifles that were used in accordance with Section 307.3 of the LA DA Bureau of Investigation policy manual, cited above.

Defense Logistic Agency records indicate that LA DA acquired 50 5.56 rifles in 2003, and your response indicates that the LA DA's Bureau of Investigation "is currently in the process of returning or disposing of remaining inventory." If the Bureau has not deployed these rifles since July 1, 2019, then we would expect there to be no responsive records.

Regarding my Request #4, for records reflecting the rationale for acquisition of controlled equipment, I am narrowing this request, to request only the *application* submitted to the 1033 program by the Los Angeles District Attorney's Office for such equipment.

Please respond to this amended request (for #2 and #4 of the original request).

Thank you in advance for your response.

Sincerely,
John Lindsay-Poland

October 12, 2021
John Lindsay-Poland
Dear Mr. Lindsay-Poland:
CALIFORNIA PUBLIC RECORDS ACT REQUEST

The Los Angeles County District Attorney’s Office (LADA) is in receipt of your California Public Records Act (PRA) request dated July 28, 2021, seeking:
“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/PublicInf ormation/), 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.”
Some of the records and information you request are exempt from disclosure under the Public Records Act and will not be released. The following records are exempt from disclosure:
The records are exempt from disclosure because security issues are present in the records you are seeking, and the public interest in non-disclosure of the records clearly outweighs the public interest served by disclosure. (Gov. Code, § 6255(a); (L.A. Unified School District v. Superior Court (2014) 228 Cal.App.4th 222; CBS, Inc. v. Block (1986) 42 Cal.3d 646, 652). Gov. Code § 6255(a) can also involve a need for confidentiality to protect the public’s interest in an effective government. (Times Mirror v. Sup. Ct. (1991) 53 Cal.3d 1325)
We have determined that there is no existing record that contains all the information you requested. Please note that the LADA is not required to create a record that does not exist at the time of the request. (Gov. Code § 6252(e); Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1075.)
Despite the forgoing, the following information is responsive to your request:
The Los Angeles County District Attorney’s Office, Bureau of Investigation (Bureau) previously accepted equipment from the Department of Defense (DOD), 1033 Program. For several years the Bureau has discontinued the practice of accepting any equipment from the DOD and is currently in the process of returning or disposing of remaining inventory.

Very truly yours,
GEORGE GASCÓN District Attorney
By
Kimberly Toney
Special Assistant Administration

Hi,

Thanks so much for your help with this request. I appreciate it.

Sincerely,
John Lindsay-Poland