Use and policies for controlled firearms acquired through 1033 program (Modesto Police Department)

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

Dear Ms. Gallagher:

Thank you for your response to my Public Records Act request, submitted in August, regarding records of policies, deployments, complaints, and rationale for acquisition of rifles acquired under the 1033 program.

Your response states that the AR-15 rifles acquired by Modesto PD are in storage, and therefore there are no complaints about their use.

However, my request had three other parts: #1 for records of use policies, #2 for records of deployment, and #4 for records reflecting the rationale for acquisition of the equipment. You did not respond to these requests.

Regarding #1, for use policies, I found on the Modesto PD web site the Department's policy manual, which includes a section on patrol rifles. If this policy applies to the rifles acquired by Modesto PD from the 1033 program, please confirm that is the case, or not.

Regarding #2, you state that the rifles are not in use, but it is not clear since when that is the case. The request is for records of deployment of the rifles since July 1, 2019. If the rifles have not been deployed since July 1st, 2019, please let me know that there are no responsive records.

Regarding #4, I requested records that may reflect the rationale of Modesto PD for acquiring controlled equipment. According to the Defense Logistic Agency's records, Modesto PD acquired patrol rifles through the 1033 program in 1998, and an armored truck (also controlled equipment) in 2007. Please let me know whether you have conducted a search for such records and if so whether any responsive records were found.

I submitted this request to more than 150 California law enforcement agencies. Modesto PD is one of the last agencies to respond to this request. I do appreciate your effort in response to this request. Feel free to contact me via phone at 510-282-8983 or via email if you have any clarifying questions about my request.

best,
John Lindsay-Poland

Hi,

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

Sincerely,
John Lindsay-Poland