1033 equipment use and policies - agencies with MRAPs (Marysville Police Department)

John Lindsay-Poland filed this request with the Marysville Police Department of Marysville, CA.
Multi Request 1033 equipment use and policies - agencies with MRAPs
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, 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

From: Marysville Police Department

Good afternoon John!

The City of Marysville is in receipt of your PRA request dated August 6th, I cannot speak as to what happened to the July 27th request, so thank you for following up.

Our Police Department is busy gathering the data you requested, we will have the available information from your request ready for you by the end of day on Friday, August 27th. If the items requested are available prior to August 27th, you will be notified.

Thank you for your understanding and have a great weekend!

Nicole Moe
Assistant to the City Manager/City Clerk

City of Marysville
526 C Street
Marysville, CA 95901

530-749-3947 (direct)
530-749-3901 (main)
530-749-3992 (fax)

[City Seal - Copy]

From: Marysville Police Department

Good afternoon!

Please see a combination of the attached documents as well as the information below that was provided by our Police Lieutenant as a response to your public information request.

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. Please see the attachment.

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. Please see the attachment.

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. No such records exist.

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. Please see the attachment.
Also, please note that there is not a justification for the rifles or HMMV because those were obtained several years ago. There is no policy on the MATV or HMMV. There are no such records of use of force with MATV or rifles since July 2019. There are 5 LESO 1033 Rifles, they are older 2 are used for mostly range to with admin. There are no use of force records wit them, attached is the only policy on record.

With this communication, I will consider your below PIR/PRA request to be fulfilled and move the status to complete.

If you find any further information needing to be requested, please email me and I will start/open a new PIR/PRA and start the appropriate process.

Thank you and have a great day!

Nicole Moe

530-749-3947 (direct)
530-749-3992 (fax)

From: John Lindsay-Poland

Dear Ms. Moe,

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

Sincerely,
John Lindsay-Poland

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