Firearm Project, Modesto, CA
| Submitted | Feb. 2, 2017 |
| Due | Feb. 12, 2017 |
| Est. Completion | None |
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Communications
From: Ben Hallman
Hi,
Pursuant to the state’s public records law, I am requesting access to and copies of records from your agency. I have broken the request into three parts, each of which details the records that we are seeking. As expressed below, the date range for each part of this request is January 1, 2010 to the present:
1) Detailed information on stolen guns
It is our understanding that law enforcement agencies keep detailed records about firearms that were reported stolen by the citizens they serve. We are therefore requesting the following for each case of reported firearm theft in your jurisdiction:
-- The police report number and/or incident number for the firearm theft
-- The serial number, make, model, caliber, type and any other descriptive information for each firearm that was reported stolen
If possible, I would be grateful if this data was collated into a spreadsheet where each row represents one firearm. If a spreadsheet is provided, please provide the record layout and/or code sheet. If such a spreadsheet is not available, please provide any other records that contain this information.
2) Detailed information about crime guns
Second, it is our understanding that law enforcement agencies maintain detailed records about firearms that were used in crimes, found at crimes scenes or other incidents, seized during investigations, or otherwise recovered or taken in by officers, including the make, model and serial number of each gun. We are therefore requesting the following:
-- The following records regarding firearms used in crimes in your agency’s jurisdiction, found at crime scenes, seized during investigations or otherwise recovered or taken in by your agency: the make, model, and serial number of each gun; the date of the crime and/or incident from which it was recovered or seized; the police report number for the crime and/or incident; the type of crime the firearm was used in; and the address where the crime was committed and/or the incident occurred. Please include firearms for all offense and incident types, including homicide, robbery, assault, traffic stops, etc.
If your agency maintains a spreadsheet or database containing these records, we ask that you please provide that database. I would be grateful if this data was collated into a spreadsheet where each row represents one case, the same as part 1) “Detailed information about stolen guns.” If a spreadsheet is provided, please also provide a record layout and/or code sheet. If a spreadsheet or database is not available, please release any other records containing the information we seek.
The date range for this part is also January 1, 2010 to the present.
3) Detailed information on lost, stolen or unaccounted for law enforcement guns
Finally, it is our understanding that law enforcement agencies maintain detailed records about firearms that, while owned by the department or under the control and/or in the possession of their employees, went missing, were lost or stolen, or are otherwise unaccounted for. Therefore we request the following:
-- Any and all records of department-issued firearms that were lost, stolen, went missing or are otherwise unaccounted for.
-- If your department does not issue firearms, then we ask for any and all records of firearms that were lost, stolen, went missing or otherwise became unaccounted for while under the control and/or in the possession of one of your employees.
The records should include but not be limited to the following:
• The make, model, serial number and caliber of each firearm
• The location and address where the firearm was lost or stolen
• The date of the loss or theft.
• The date the loss or theft was reported
• Whether each lost or stolen firearm was recovered
• If the lost, stolen or missing firearm was recovered, the date and location of the recovery
• A description of how the firearm was lost, stolen or went missing
• Whether negligence on the part of the employee is/was suspected in the loss or theft of the firearm
• Whether the employee in control of the firearm retired, was terminated or otherwise left the department, and if so, the date and circumstances of the employee’s departure and whether his or her gun was retrieved and/or recovered.
• Any other individual reports and findings on the individual lost, stolen or missing firearms
The records should include but not be limited to audits, inventory reports, databases, internal reports, memos, internal affairs investigations, emails or other correspondence, and/or any other records.
The date range for this part is also January 1, 2010 to the present.
Please label each record in a clear manner. As a news organization, we will be making information obtained from this request available to the general public and are not requesting it for commercial purposes.
In the event that there are fees, I would be grateful if you informed me of the total charges before completing my request. We request that if you send an invoice, you make it out to The Trace.
I would prefer the requested information be sent via an e-mail attachment if available, or a mailed CD-ROM if not. If standard mail must be used, we ask that you send the request to the following address:
The Trace (at WeWork)
Attn: Brian Freskos
428 Broadway
New York, NY 10013
Thank you in advance for your help with this request. I look forward to receiving your response. If you have any questions or concerns, do not hesitate to contact me on my cell phone: (919) 522-6354
Sincerely,
Brian Freskos
From: Pamela Gallagher
Hi Brian, I am sending you this letter regarding your PRA request. Please see the extension date. Any questions feel free to give me a call. Thank you
Pamela Gallagher
Modesto Police Department
Police Civilian Supervisor
(209) 572-9576
From: Pamela Gallagher
Hi Brian, Please disregard the emailed letter I sent to you yesterday as the date of 3/2/17 should have been 2/26/17. Any questions please give me a call. Thank you
Pamela Gallagher
Modesto Police Department
Police Civilian Supervisor
(209) 572-9576
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 2, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Dana Sanchez
Dear Mr. Freskos:
This email is in response to your written request for public records received by the City on February 2, 2017. We are treating your request as a request for public records in accordance with California Government Code Section 6250 and following (the California Public Records Act, or "the Act"). The Act requires that public agencies make reasonably identified, non-exempt public records available for inspection or provide copies upon payment of the direct costs of duplication.
The City is required to notify you within ten (10) days whether the requested records will be disclosed. (Gov. Code section 6253 (c)). On February 13, 2017, the City notified you that we would need an additional 14 days to respond pursuant to Government Code section 6253 (c). This response fulfills the City's obligations under the Act. Responsive, non-exempt public records have been recovered, and will be available for you in the City Clerk's Office on Thursday, March 2, 2017 upon remittance of the cost for duplication. The City charges 10 cents per page for duplication costs. The City will inform you of the exact cost of these records prior to March 2, 2017, as it is still finalizing this request.
The City has redacted certain information responsive to your request. Certain private and personal information contained in the records provided to you has been redacted, pursuant to Government Code sections 6254(c) and 6254(k) (incorporating privacy exemptions found in the United States Constitution and Article 1, section 1 of the California Constitution and the official information privilege contained in Evidence Code section 1040), which exempt certain private information from disclosure where the release of such information would constitute an unwarranted invasion of personal privacy or where the necessity for confidentiality outweighs the necessity for disclosure. This includes private contact information of City employees and law enforcement. Such information is also exempt from disclosure pursuant to Government Code section 6255 because the public interest in nondisclosure clearly outweighs any public interest in disclosure where the release of private contact information of City employees could cause health and safety concerns to the City and law enforcement. To the extent that your request sought records that are exempt or contain protected or exempt communications or work product, the City will be withholding the disclosure of those records pursuant to the above exemptions.
I am responsible for this determination in my role as an Administrative Office Assistant for the City of Modesto City Clerk's office, following consultation with our City Attorney's Office. If you have any questions, please do not hesitate to contact me.
Sincerely,
Dana Sanchez
Administrative Office Assistant III (Confidential)
City Clerk's Office
1010 10th Street. Suite 6600
Modesto, CA. 95354
(209) 577-5396
dasanchez@modestogov.com<mailto:dasanchez@modestogov.com>
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From: Dana Sanchez
Dear Mr. Freskos:
This email is in response to your written request for public records received by the City on February 2, 2017. We are treating your request as a request for public records in accordance with California Government Code Section 6250 and following (the California Public Records Act, or "the Act"). The Act requires that public agencies make reasonably identified, non-exempt public records available for inspection or provide copies upon payment of the direct costs of duplication.
The City is required to notify you within ten (10) days whether the requested records will be disclosed. (Gov. Code section 6253 (c)). On February 13, 2017, the City notified you that we would need an additional 14 days to respond pursuant to Government Code section 6253 (c). This response fulfills the City's obligations under the Act. Responsive, non-exempt public records have been recovered, and are attached. This concludes this Public Records Request.
The City has redacted certain information responsive to your request. Certain private and personal information contained in the records provided to you has been redacted, pursuant to Government Code sections 6254(c) and 6254(k) (incorporating privacy exemptions found in the United States Constitution and Article 1, section 1 of the California Constitution and the official information privilege contained in Evidence Code section 1040), which exempt certain private information from disclosure where the release of such information would constitute an unwarranted invasion of personal privacy or where the necessity for confidentiality outweighs the necessity for disclosure. This includes private contact information of City employees and law enforcement. Such information is also exempt from disclosure pursuant to Government Code section 6255 because the public interest in nondisclosure clearly outweighs any public interest in disclosure where the release of private contact information of City employees could cause health and safety concerns to the City and law enforcement. To the extent that your request sought records that are exempt or contain protected or exempt communications or work product, the City will be withholding the disclosure of those records pursuant to the above exemptions.
I am responsible for this determination in my role as an Administrative Office Assistant for the City of Modesto City Clerk's office, following consultation with our City Attorney's Office. If you have any questions, please do not hesitate to contact me.
Sincerely,
Dana Sanchez
Administrative Office Assistant III (Confidential)
City Clerk's Office
1010 10th Street. Suite 6600
Modesto, CA. 95354
(209) 577-5396
dasanchez@modestogov.com<mailto:dasanchez@modestogov.com>
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From: Ben Hallman
Hi Dana,
Thank you so much for sending me this data. And please pass along my thanks to anyone who may have also assisted. Just one question: In the last column of this spreadsheet, which has the header "Current Status," that are some cells that seem to contain acronyms, like "RTO" or "REL ALLIED AGENCY." Can you tell me what those mean? Does this sheet contain firearms that were reported stolen too?
From: Heidi Jenkins
Good Morning Mr. Freskos, in answer to your questions, “RTO” means Returned To Owner. “Rel Allied Agency” means the gun was released to another law enforcement agency. The stolen guns are included. If you look at the top of the columns it will say stolen, recovered, evidence, etc. and there is a yes or no in each column. Please let me know if I can be of further assistance.
Heidi D. Jenkins
Police Civilian Supervisor
Modesto Police Department, Records Unit
(209) 342-6181, jenkinsh@modestopd.com<mailto:jenkinsh@modestopd.com>
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From: Brian Freskos
Hi Heidi,
We're in the formatting phase of this project and realized that the leading zeros may be missing from the serial numbers in the spreadsheets. Excel automatically deletes leading zeros from serial numbers that contain only numeric values when the column is formatted as General instead of as Text. For example, it will turn a serial number that is actually 012345 into 12345. This could skew the analysis. Would it be possible provide the spreadsheet with the leading zeros present? This might be able to be accomplished by sending the data in a .txt or .csv format.
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