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

John Lindsay-Poland filed this request with the Richmond Police Department of Richmond, CA.

It is a clone of this request.

Multi Request Use and policies for controlled firearms acquired through 1033 program
Submitted July 28, 2021
Est. Completion Aug. 30, 2021
Status
No Responsive Documents
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Communications

From: John Lindsay-Poland

Subject: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

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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

From: Richmond Police Department

Subject: RE: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

Email

Received.

Thank you,

Jasuara Castaneda
City Clerk Technician
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
(510) 620-6513 (Main)
(510) 620-6674 (Direct)
(510) 620-6542 (Fax)

Please Note: This message is being sent on a public e-mail system and may be subject to disclosure pursuant to the California Public Records Act. The City Clerk’s Department is prohibited from giving legal advice, per California Business and Professions Code 6125.

From: Richmond Police Department

Subject: RE: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

Email

Good Afternoon,

In conformance with the Public Records Act and with Chapter 2.40 of the Richmond Municipal Code (“RMC”), this communication responds to your request for public records, which was received by this office on 8/6/21 . You specifically request the following:

“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.”

The Police department is compiling and reviewing the records and anticipates having the records ready (if there are responsive records), or an update of the progress of compiling and reviewing the records, if it will take longer by 8/30/21.

Additionally, your request may include documents that are exempt from disclosure pursuant to the exemptions enumerated in California Government Code, including but not limited to Sections 6254(a), 6254(k), and 6255. To the extent your request includes documents that are exempt from disclosure, it is denied. After examining the documents we will notify you in writing whether we have withheld any documents due to applicable exemptions and will enumerate those exemptions.

Finally, Section 2.50.110 of the RMC permits the City to charge a fee of ten cents per page for any copies made.

Thank you,

Jasuara Castaneda
City Clerk Technician
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
(510) 620-6513 (Main)
(510) 620-6674 (Direct)
(510) 620-6542 (Fax)

Please Note: This message is being sent on a public e-mail system and may be subject to disclosure pursuant to the California Public Records Act. The City Clerk’s Department is prohibited from giving legal advice, per California Business and Professions Code 6125.

From: Richmond Police Department

Subject: RE: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

Email

Good Afternoon,

My apologies for the delayed response. The Police department is compiling and reviewing the records and anticipates having the records ready (if there are responsive records), or an update of the progress of compiling and reviewing the records, if it will take longer by 9/14/21.

Thank you,

Jasuara Castaneda
City Clerk Technician
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
(510) 620-6513 (Main)
(510) 620-6674 (Direct)
(510) 620-6542 (Fax)

Please Note: This message is being sent on a public e-mail system and may be subject to disclosure pursuant to the California Public Records Act. The City Clerk’s Department is prohibited from giving legal advice, per California Business and Professions Code 6125.

From: Richmond Police Department

Subject: RE: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

Email

Good morning Mr. Lindsay-Poland,

Please see the City’s responses in red below:

“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.

We have no documents relating to policies covering 1033-program controlled equipment.

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.

No such deployment has occurred, nor records exist.

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.

No such records.

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.”

No such records.

Kind regards,

Sofia Perez Leon
Office Specialist
City Attorney’s Office | City of Richmond
450 Civic Center Plaza | Richmond, CA 94804-1630
Ph: 510-620-5501 | Fax: 510-620-6518
sofia_perez@ci.richmond.ca.us<mailto:sofia_perez@ci.richmond.ca.us>

PRIVILEGE AND CONFIDENTIALITY NOTICE
The information in this electronic mail is intended for named recipients only. It may contain privileged or confidential matter. Unauthorized use or disclosure is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and delete all copies of this communication from your system. Thank you in advance for your cooperation.

From: John Lindsay-Poland

Subject: RE: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

Email

Dear Ms. Perez Leon,

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

Sincerely,
John Lindsay-Poland

From: Richmond Police Department

Subject: RE: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

Email

Good morning,

Please see the City's response that was sent on 9/1.

Thank you,

Sofia Perez Leon
Office Specialist
City Attorney's Office | City of Richmond
450 Civic Center Plaza | Richmond, CA 94804-1630
Ph: 510-620-5501 | Fax: 510-620-6518
sofia_perez@ci.richmond.ca.us<mailto:sofia_perez@ci.richmond.ca.us>

PRIVILEGE AND CONFIDENTIALITY NOTICE
The information in this electronic mail is intended for named recipients only. It may contain privileged or confidential matter. Unauthorized use or disclosure is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and delete all copies of this communication from your system. Thank you in advance for your cooperation.

From: Richmond Police Department

Subject: RE: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (Richmond Police Department)

Email

No problem, thank you!

Sofia Perez Leon
Office Specialist
City Attorney's Office | City of Richmond
450 Civic Center Plaza | Richmond, CA 94804-1630
Ph: 510-620-5501 | Fax: 510-620-6518
sofia_perez@ci.richmond.ca.us<mailto:sofia_perez@ci.richmond.ca.us>

PRIVILEGE AND CONFIDENTIALITY NOTICE
The information in this electronic mail is intended for named recipients only. It may contain privileged or confidential matter. Unauthorized use or disclosure is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and delete all copies of this communication from your system. Thank you in advance for your cooperation.

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