Use of force (response to resistance) guidance, policies, and data (Napa Police Department)

Beryl Lipton filed this request with the Napa Police Department of Napa, CA .
Tracking #

20-122

Multi Request Use of force (response to resistance) guidance, policies, and data
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records related to this agency's policies on and reporting of uses of force and responses to resistance:

• Policies.
Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.

Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.

Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.

Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.

• Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.

• Forms, coding descriptions, and other guidance.
All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons

• Use of Force Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Incident details: incident or other unique identification number for the use of force incident
Type of force details: a description of each type of force used
Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras
Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

• Discharge Report Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Incident description and details
Tool or weapon used, including any unique identifier or identification number
Number of discharges
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Type of force details: a description of each type of force used
Disposition or status of any investigation or follow-up review of the incident
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed.

In the event that there are fees appropriately assessed in association with this request, 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,

Beryl Lipton

From: Napa Police Department

City of Napa

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Hi there

Your first City of Napa record request (request number #20-122) has been submitted.
It is currently unpublished and is not available for the general public to view.

As the requester, you can always see the status of your
request by signing into the City of Napa Public Records
portal here.

If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #20-122.

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From: Napa Police Department

City of Napa

************************************************************************

Hi there

A document has been released to you for record request #20-122:

* MuckRock News PD PRA.pdf

Document links are valid for one month.
After August 29, you will need to sign in to view the document(s).

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From: Napa Police Department

Use this to confirm your account. The link is only valid for 24 hours.

City of Napa

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Hello Beryl Lipton!
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From: Napa Police Department

City of Napa

************************************************************************

Hi there

A document has been released for record request #20-122 along with the following message:

Good Afternoon Beryl,

The City of Napa is in receipt of your below July 29, 2020 Public Records Act request. This request will require the City to search for a voluminous amount of records from multiple departments and from locations separate from the City Clerk’s Office. For these reasons, the City is invoking the extension of time provided by California Government Code Section 6253(c).  Accordingly, I anticipate that we will be able to formally respond to your request no later than August 24, 2020, if not sooner.

In regard to the portions of your request for “policies” and “instructions for reporting”, the City is providing you readily available records including a copy of the Napa Police Department Policy Manual. You may view the entire Napa Police Department Policy Manual by clicking on the link below and utilizing the searchable PDF functions to find the specific policies related to your request.

https://www.cityofnapa.org/DocumentCenter/View/6053/Napa-Police-Department-Manual-PDF

Please feel free to contact me directly if you have any questions.

Thank you,

Caitlin Saldanha

Deputy City Clerk

* https://www.cityofnapa.org/889/Napa-Police-Department-Policies-and-Trai

Document links are valid for one month.
After September 6, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Napa.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Napa Police Department

City of Napa

************************************************************************

Hi there

A message was sent to you regarding record request #20-122:

Greetings Beryl,

The City of Napa is in receipt of your below July 29, 2020 Public Records Act request. As stated in the City’s response dated August 6, 2020, a fourteen-day (14) extension was necessary to respond to your request due to the voluminous amount of records from multiple departments and from locations separate from the City Clerk’s Office. Your request is outlined below for reference along with the City’s response.

“• Policies.

Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.

Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.

Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.

Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.

* Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.”

The City responded to this portion of your request related to policies and instructions for reporting on August 6, 2020 by providing a link to the Napa Police Department Policy Manual.

“• Forms, coding descriptions, and other guidance.

All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:

Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.

A blank version of each form, log, and other documentation used to report or track uses of force by this agency.

A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons

A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency

A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons

A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons

* Use of Force Data

For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:

Date, time: The date (month, day, year) and time of the incident

Location: Street address, block, and other relevant location information

Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident

Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit

Incident details: incident or other unique identification number for the use of force incident

Type of force details: a description of each type of force used

Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras

Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation

Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

* Discharge Report Data

For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:

Date, time: The date (month, day, year) and time of the incident

Location: Street address, block, and other relevant location information

Incident description and details

Tool or weapon used, including any unique identifier or identification number

Number of discharges

 

Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident

Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit

Type of force details: a description of each type of force used

Disposition or status of any investigation or follow-up review of the incident”

The City will produce nonexempt public records related to the following categories outlined above:

* forms, coding descriptions, and other guidance

* use of force data

* discharge report data

The City is in the process of reviewing records that may be responsive to your request. If applicable, this determination will be updated via subsequent correspondence and any disclosable public records will be produced in a reasonable time on a rolling basis. Additional time will be required to review these materials for potential redactions and exemptions. The City will notify you when the records you requested, and which were determined to be disclosable are available.

I anticipate that we will have some of the responsive records available for production within the next month, and we will provide you with an update on the City’s progress during the week of September 21, 2020, if not sooner.

The decisions expressed in this letter have been made by me in consultation with Police Lt. Gary Pitkin. If you have any questions, then please do not hesitate to contact me.

Thank you,

Caitlin Saldanha

Deputy City Clerk

(707) 258-7870

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From: Napa Police Department

City of Napa

************************************************************************

Hi there

A message was sent to you regarding record request #20-122:

Dear Mr. Lipton,

Thank you for following up on your request (Request #20-122). As stated in the City’s response dated August 24, 2020, we will provide you with an update on the City’s progress during the week of September 21, 2020. City staff is currently working on reviewing records for potential exemptions and we will provide you with an update by the end of this week.

Please let me know if you have any questions.

Thank you,

Caitlin Saldanha

Deputy City Clerk

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Napa.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Napa Police Department

City of Napa

************************************************************************

Hi there

Documents have been released for record request #20-122 along with the following message:

Greetings Beryl,

The City of Napa is in receipt of your below July 29, 2020 Public Records Act request. As stated in the City’s response dated August 24, 2020, we are providing you with an update on the remaining portions of your request for records.

“• Policies.

Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.

Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.

Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.

Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.

Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.”

On August 6, 2020, the City responded to this portion of your request related to policies and instructions for reporting by providing a link to the Napa Police Department Policy Manual.

The City is also providing a copy of Napa Police Department’s Field Training Program regarding Report Writing for trainees. You may view the responsive records by clicking on the link below and collapsing the folder titled “Responsive Records Released on 9-22-2020.”

https://cityofnapaca.nextrequest.com/requests/20-122

“• Forms, coding descriptions, and other guidance.

All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:

Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.

A blank version of each form, log, and other documentation used to report or track uses of force by this agency.

A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons

A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency

A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons

A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons

The City is providing responsive records including Napa Police Department’s Use of Force Checklist. You may view the responsive records by clicking on the link below and collapsing the folder titled “Responsive Records Released on 9-22-2020.”

https://cityofnapaca.nextrequest.com/requests/20-122

Please note that if you are seeking copies of any guidance, requirements, laws, and policies issued by the state and or federal government, then please visit the California Department of Justice (DOJ), Federal Bureau of Investigations (FBI), and United States Department of Justice websites directly for more information by clicking on the links below.

https://oag.ca.gov/

https://openjustice.doj.ca.gov/

https://www.fbi.gov/services/cjis/ucr/publications#LEOKA

https://www.fbi.gov/services/cjis/ucr/use-of-force

https://www.justice.gov/guidance

https://www.justice.gov/resources

Use of Force Data

For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:

Date, time: The date (month, day, year) and time of the incident

Location: Street address, block, and other relevant location information

Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident

Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit

Incident details: incident or other unique identification number for the use of force incident

Type of force details: a description of each type of force used

Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras

Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation

Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

The City is providing responsive records including two excel spreadsheets containing Use of Force data for the years 2019 and 2020. You may view the responsive records by clicking on the link below and collapsing the folder titled “Responsive Records Released on 9-22-2020.”

https://cityofnapaca.nextrequest.com/requests/20-122

Discharge Report Data

For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:

Date, time: The date (month, day, year) and time of the incident

Location: Street address, block, and other relevant location information

Incident description and details

Tool or weapon used, including any unique identifier or identification number

Number of discharges

Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident

Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit

Type of force details: a description of each type of force used

Disposition or status of any investigation or follow-up review of the incident”

The City does not possess any responsive records related to this portion of your request. Please note that there was no officer involved shootings (OIS) for 2019 through August 2020. Please also note that the "Disposition" code ("CBA") in the two excel spreadsheets provided stands for "Closed By Arrest."

The decisions expressed in this letter have been made by me in consultation with Police Lt. Gary Pitkin. We trust this satisfies your request, and we will consider the request closed.

If you have any questions, then please do not hesitate to contact me.

Thank you,

Caitlin Saldanha

Deputy City Clerk

* _FTG PROGRAM 11_REPORT WRITING.pdf

* UPDATED - PRA20-122 2019 Muckrock UOF Report.xls

* UPDATED - PRA20-122 2020 Muckrock UOF Report.xls

* Use of Force Report Writing Checklist (03-2012).doc

* https://oag.ca.gov/

* https://openjustice.doj.ca.gov/

* https://www.fbi.gov/services/cjis/ucr/publications#LEOKA

* https://www.fbi.gov/services/cjis/ucr/use-of-force

* https://www.justice.gov/guidance

* https://www.justice.gov/resources

Document links are valid for one month.
After October 22, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Napa.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Napa Police Department

City of Napa

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Hi there

Record request #20-122 has been closed. The closure reason supplied was:

Clerk's Office provided final response and remaining responsive records on 9/22/2020. 

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Napa.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

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