Purchase records and 'less lethal' use records (Newark Police Department)
| Multi Request | Purchase records and 'less lethal' use records |
| Submitted | Oct. 7, 2021 |
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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.
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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Oct. 7, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Newark Police Department
Mr. Lindsay-Poland,
Your California Public Records Act request to the Newark Police Department has been forwarded to my attention for response.
The City is in the process of locating records responsive to your Public Records Act request and needs additional time to determine whether the responsive records, if any, contain privileged information and/or other such exempt records. Pursuant to Government Code Section 6253 (c)(2), the City will require an additional 14 days. Nevertheless, the City intends to produce all non-exempt records. I or another staff member will be in contact with you no later than, November 1, 2021.
Sincerely,
Sheila Harrington
City Clerk
City of Newark
From: Newark Police Department
Dear Mr. Lindsay-Poland
Your California Public Records Act Request has been forwarded to my attention for response. The Police Department has completed the records research and their responses are listed in the blue font. Please note that to the extent that the Request seeks "[r]ecords of complaints to, or investigations conducted by, or records of intelligence information or security procedures . . . or any investigatory or security files," such law enforcement records are exempt from disclosure. (Gov. Code § 6254(f).)
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
No responsive records.
* Patrol rifles (as commonly denominated for law enforcement use) or assault rifles (as defined in Sections 30510 and 30515 of the California Penal Code)
Please see attached documentation for rifle equipment purchases on or about January 31st, April 8th and June 6th 2019.
* Wheeled vehicles that are built or modified to provide ballistic protection to their occupants, such as Bearcats or armored personnel carriers.
Please see attached documentation regarding the purchase of an Armored Rescue Vehicle via lease agreement during May of 2013. The last payment was made in April of 2020.
* Projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents
Please refer attached documentation for less-lethal 40mm platform purchases on or about September 21st 2017 and February 20th 2020.
* Long-Range Acoustic Device (LRAD)
No responsive records.
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".
Please refer attached documentation for Noise-Flash Diversionary Device purchases on or about November 14th 2019 and September 24th 2021.
Please refer attached documentation for PepperBall Non-Lethal system purchases on or about June 6th 2021.
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 following incidents account for responsive deployments since January 1st 2020:
* December 31st 2020: Newark Blvd. and Jarvis, Newark, Ca - Stolen Vehicle, Felony Warrant Suspect with Firearm - Two 40mm less-lethal rounds deployed to shatter a rear vehicle window and two volleys of three to five PepperBalls introduced into rear cab of vehicle.
* February 11th 2021: Stevenson Blvd. and Cherry Street Fremont, Ca - Mutual Aid SWAT Deployment for Suspects Armed with Firearms - One 40mm less-lethal round deployed striking suspect at lower left thigh.
* April 17th 2021: 36000 block of Burdick Street Newark, Ca - Resisting Trespass Suspect armed with Screwdriver - One less-lethal 40mm round deployed striking suspect at upper right thigh.
* August 15th 2021: 36000 block of Colbert Street Newark, Ca - Resisting Vandalism Suspect stabbing holes in wall with knife - One 40mm less-lethal round deployed striking suspect at right hip area.
* September 23rd 2021: 39900 Block of Cedar Blvd. Newark, Ca - Resisting Theft Suspect brandishing knife at multiple reporting parties and armed with razor blades - Two 40mm less-lethal rounds deployed towards suspect.
Sheila Harrington
City Clerk
City of Newark
From: John Lindsay-Poland
Dear Ms. Harrington,
Thanks so much for your help with this request. I really appreciate it.
Sincerely,
John Lindsay-Poland
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