Purchase records and 'less lethal' use records (Modesto Police Department)

John Lindsay-Poland filed this request with the Modesto Police Department of Modesto, CA.
Multi Request Purchase records and 'less lethal' use records
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:

1. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2015 of any of the following:
• Firearms of .50 caliber or greater
• Patrol rifles (as commonly denominated for law enforcement use) or assault rifles (as defined in Sections 30510 and 30515 of the California Penal Code)
• Wheeled vehicles that are built or modified to provide ballistic protection to their occupants, such as Bearcats or armored personnel carriers.
• Projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents
• Long-Range Acoustic Device (LRAD)

2. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2018 of explosives and pyrotechnics, such as "flash bang" grenades and explosive breaching tools, and chemical weapons such as "teargas" and "pepper balls".

3. Records of deployment by your agency since January 1, 2020 of projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents; explosives and pyrotechnics, such as "flashbang" grenades and explosive breaching tools; and chemical weapons such as "teargas" and "pepper balls".

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.

If you would like to discuss this request, please feel free to reach out to me, John Lindsay-Poland, American Friends Service Committee, 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.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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: Modesto Police Department

Hi there, I just received this as I have been off from work. I will start working on this and send it out to the appropriate people for the documents requested. I will need an additional 15 days to complete this since I just am receiving it. Thank you so much and please feel free to email me with any questions.

Pamela Gallagher
Police Civilian Supervisor/Custodian of Records
Modesto Police Deparment
(209) 342-6181

From: Modesto Police Department

Please see response attached regarding your CPRA request.

Thank you,

Pamela Gallagher
Police Civilian Supervisor/Custodian of Records
Modesto Police Deparment
(209) 342-6181

From: John Lindsay-Poland

Dear Ms. Gallagher,

Please forgive my delay in replying to your November 2 response (attached) to my Pubic Records Act request. I was considering how best to respond.

Regarding #3 of my request, which was for deployment records, we understand that "deployment" may be defined differently in different contexts. We are seeking records of when the equipment was brought out into the public or in an operation (i.e., not for training).

We also understand that some agencies only keep records of such deployment when there is a use of force involved, in which case any other type of deployment would have a "no responsive records" finding.

Regarding #1 and #2 of my request, which were for purchase records of certain equipment used by Modesto PD, I would like to amend my request to seek the following:
Inventory records of equipment in Modesto PD's possession, if any, for the following types of equipment, for which new state legislation requires publication of information:

(1) Unmanned, remotely piloted, powered aerial or ground vehicles.
(2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

Please include equipment that may be assigned to or designated for use by special units or jails.

Please note that the above list of types of equipment is taken verbatim from legislation enacted on September 30, 2021 (AB 481, see https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481). This legislation will require all police departments and sheriff offices in California to publish use policies by May 1, 2022 that include, for each type of equipment named above that the agency has acquired and seeks to continue to use, "a description of each type of military equipment, the quantity [acquired], its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment." The legislation requires that agencies publish this information on their web sites and submit the information to local city councils or boards of supervisors.

In other words, the legislature has determined that information on the number and description of these articles possessed by law enforcement agencies in California is not exempt from disclosure under the California Public Records Act. While responding to this request may require some staff time, we understand that AB 481 will require this and other work from the department in the coming months.

I appreciate your efforts in response to this request.

best,
John Lindsay-Poland

From: Modesto Police Department

Hi Mr. Lindsay-Poland, please see attached response. Have a great day.

From: Modesto Police Department

Hi there, see attached response 😊

Pamela Gallagher
Police Civilian Supervisor/Custodian of Records
Modesto Police Deparment
(209) 342-6181

From: John Lindsay-Poland

Dear Ms. Gallagher,

Thank you so much for your response. I appreciate it.

Regarding inventory records for Item #10, your staff requested clarification. This refers to "assault rifles as defined in Sections 30510 and 301515 of the Penal Code." These are typically referred to by law enforcement as "patrol rifles".

Please let me know if you need further clarification.

best,
John Lindsay-Poland
510-282-8983

From: John Lindsay-Poland

Dear Ms. Gallagher,

I am following up on my email of Jan. 22, 2022 regarding my PRA request of October 12, 2021 for inventory records or information for a number of types of equipment owned by Modesto PD. In your Jan. 21, 2022 response, there was a request for clarification regarding the portion of my request that dealt with patrol rifles (or assault rifles as defined by California law). I responded with a clarification on Jan. 22. I have not received a response to this portion of my request since then.

I attach the City's Jan. 21, 2022 response and below is my response to the request for clarification.

Can you let me know by when the City will response to this portion of my request?

Thanks so much.

John Lindsay-Poland

Jan. 22 email:
Dear Ms. Gallagher,

Thank you so much for your response. I appreciate it.

Regarding inventory records for Item #10, your staff requested clarification. This refers to "assault rifles as defined in Sections 30510 and 301515 of the Penal Code." These are typically referred to by law enforcement as "patrol rifles".

Please let me know if you need further clarification.

best,
John Lindsay-Poland
510-282-8983

From: Modesto Police Department

Good Morning, I received your follow up request regarding a request that was handled by Pamela Gallagher prior. She has since retired. To confirm, you are just looking for the information requested in item #10?

Heidi D. Jenkins
Police Civilian Manager
Modesto Police Department, Support Division
(209) 572-9692, jenkinsh@modestopd.com<mailto:jenkinsh@modestopd.com>
[New Star and Patch]

From: John Lindsay-Poland

Dear Ms. Jenkins:

Yes, I was seeking followup only on #10 of the Jan. 21, 2022 response. And to further clarify, we are seeking records regarding all patrol rifles (or assault rifles as defined by California law), regardless of whether the Department categorizes them as standard issue.

Thanks much in advance for your assistance with this request. If you need any clarification, feel free to reach out to me by phone at 510-282-8983 or email at jlindsay-poland@afsc.org.

best,
John Lindsay-Poland.

From: Modesto Police Department

Good Afternoon, please see attached response as requested.

Heidi D. Jenkins
Police Civilian Manager
Modesto Police Department, Support Division
(209) 572-9692, jenkinsh@modestopd.com<mailto:jenkinsh@modestopd.com>
[New Star and Patch]

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