Purchase records and 'less lethal' use records (Riverside County Sheriff)

Dear John Lindsay-Poland:

Thank you for submitting a request for public records to Riverside County Sheriff's Department. Your request was received in this office on 10/7/2021 and given the reference number C000499-100721 for tracking purposes.
Records Requested: " 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"."
Pursuant to California Government Code § 6253, staff will review your request and respond within 10 days to notify you if there are responsive records, or if an extension is necessary to determine if responsive records exist.  If your request was received after business hours or on a weekend or holiday, the next business day will be considered the date of receipt. The 10-day response period starts with the first calendar day after the date of receipt (Ca. Civ. Code, § 10.).  You may be contacted by the department if there are questions regarding your request.

PLEASE NOTE: The California Public Records Act (CPRA) does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Request System.
Riverside County Sheriff's Department
To monitor the progress or update this request please log into the Records Request System (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HfYI2qbMSZgv2P5ZtXcxK539tAdn1gRltHEvvDq1x3-2BNY550JyKgHoFdOrJIUNARyIvqO-2B9bLAwd1woNBpwP9K0-3DJHpv_sizCVFUm8oCix93r8jAf1ZezDpkPqS6k64A1mG1rjsHXK-2BcKcvfc4TzUVTTNGr6dOMutr-2BmoO-2BTr-2FAOgQjHGckmhfX27VnpcwZoDWhTZ2Ds7AZWV6jD9YilcmVBu7F10aLrFFpTrqFW3XO1x8tmHcToyiznHwVJRb7ZsM-2Fm3LdFPGy1jd-2B9zb8csW-2FMTkwamn7h85rS5Uv3-2Fozhgrrzs9fQHdOgkYa9UwtdYCmeZ7uU-3D)

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RE: Public Records Request of October 07, 2021, Reference # C000499-100721

Dear John Lindsay-Poland,

On October 07, 2021, the Riverside County Sheriff's Department received your request for records under the California Public Records Act (CPRA) wherein you requested the following: "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 Riverside County Sheriff's Department is in the process of gathering and reviewing the requested records. Your request will take extra time to fulfill because of the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.

Consequently, the Riverside County Sheriff's Department is exercising its authority under Government Code section 6253(c), to extend the time to reply to a Public Records Act request.  You will receive a more complete response no later than November 1, 2021.

Thank you for your patience in awaiting this information.

Sincerely,

Sergeant Greg Bonaime
CPRA Unit
Riverside County Sheriff's Department

Hello John Lindsay-Poland, You have responded to an unresponsive email.

Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center.

Thank you


This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

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RE: PUBLIC RECORDS REQUEST of October 07, 2021., Reference # C000499-100721.
Dear John Lindsay-Poland,
The Riverside County Sheriff's Department received a public information request from you on October 07, 2021. Your request mentioned: "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 Department is still in the process of compiling your records and will need an additional 14 days to produce the requested records.   The releasable responsive records will be available by November 18, 2021. Pursuant to our telephone conversation on today's date, November 4, 20211, about 0945 hours, we discussed this extension and you agreed to it.
If you have any questions or need additional information, please feel free to respond to this email.
Thank you for your patience and understanding.
Sincerely,

Sergeant Greg Bonaime
CPRA Unit
Riverside County Sheriff's Office
951-955-9249

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RE: Public Records Request of October 07, 2021, Reference # C000499-100721

Dear John Lindsay-Poland,

On October 07, 2021, the Riverside County Sheriff's Department received your request for records under the California Public Records Act (CPRA) wherein you requested the following:
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"."

We have located the records responsive to your request, for requested Items 1 and 2, and those records are available in the Records Request System.  Please log in to your online account to retrieve the records.
The records requested in Item #3 are exempt from CPRA Disclosure pursuant to:
Government Code § 6254(f)- provides that law enforcement investigation, security and intelligence information file records of a local police agency are exempt from disclosure. Furthermore, as set forth in Rivero v. Superior Court, 54 Cal. App. 4th 1048 (1997) and Williams v. Superior Court, 5 Cal, 4th 337 (1993), the investigatory file exemption to the public records act request is not lost even where the investigation is deemed concluded or terminated.
Government Code § 6254(k)- read in conjunction with Article 1, § 1 of the California Constitution provides that personal information details are subject to privacy rights that make such information exempt from disclosure.
Government Code § 6254(k)- read in conjunction with Evidence Code § 1040, provides that official information acquired in confidence by a public employee is exempt from disclosure.
Government Code § 6254.29 -provides that social security number information is exempt from disclosure.
California Penal Code 11105 and 13300 clearly defines the parties entitled to Criminal Offender Record Information (CORI).
Please consider this CPRA request closed.

Sincerely,

Sergeant Greg Bonaime
CPRA Unit
Riverside County Sheriff's Department

Hello John Lindsay-Poland, You have responded to an unresponsive email.

Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center.

Thank you


This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

Dear John Lindsay-Poland:

Thank you for submitting a request for public records to Riverside County Sheriff's Department. Your request was received in this office on 1/13/2022 and given the reference number C000037-011322 for tracking purposes.
Records Requested: " Thank you for your response to my Public Records Act request for purchase and deployment records of certain types of equipment.
In light of your response to Request #3, for deployment records, we would like to revise that portion of our request, to request records containing a summary of deployments of the devices named in the request, to include date, type of equipment, municipality, and incident identifiers such as Use of Force report number or incident report number."
Pursuant to California Government Code § 6253, staff will review your request and respond within 10 days to notify you if there are responsive records, or if an extension is necessary to determine if responsive records exist.  If your request was received after business hours or on a weekend or holiday, the next business day will be considered the date of receipt. The 10-day response period starts with the first calendar day after the date of receipt (Ca. Civ. Code, § 10.).  You may be contacted by the department if there are questions regarding your request.

PLEASE NOTE: The California Public Records Act (CPRA) does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Request System.
Riverside County Sheriff's Department

Dear John Lindsay-Poland:

Thank you for submitting a request for public records to Riverside County Sheriff's Department. Your request was received in this office on 1/18/2022 and given the reference number C000046-011822 for tracking purposes.
Records Requested: " From Response e-mail for C000499-Dear Sgt. Bonaime, Thank you for your response to my Public Records Act request for purchase and deployment records of certain types of equipment. In light of your response to Request #3, for deployment records, we would like to revise that portion of our request, to request records containing a summary of deployments of the devices named in the request, to include date, type of equipment, municipality, and incident identifiers such as Use of Force report number or incident report number. Hoping you have a good weekend, Best, John Lindsay-Poland"
Pursuant to California Government Code § 6253, staff will review your request and respond within 10 days to notify you if there are responsive records, or if an extension is necessary to determine if responsive records exist.  If your request was received after business hours or on a weekend or holiday, the next business day will be considered the date of receipt. The 10-day response period starts with the first calendar day after the date of receipt (Ca. Civ. Code, § 10.).  You may be contacted by the department if there are questions regarding your request.

PLEASE NOTE: The California Public Records Act (CPRA) does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Request System.
Riverside County Sheriff's Department

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RE: PUBLIC RECORDS REQUEST of January 13, 2022., Reference # C000037-011322.
Dear John Lindsay-Poland,
The Riverside County Sheriff's Department received a public information request from you on January 13, 2022. Your request mentioned: "Thank you for your response to my Public Records Act request for purchase and deployment records of certain types of equipment.
In light of your response to Request #3, for deployment records, we would like to revise that portion of our request, to request records containing a summary of deployments of the devices named in the request, to include date, type of equipment, municipality, and incident identifiers such as Use of Force report number or incident report number."
The Riverside County Sheriff's Department has reviewed your request and has determined while applicable records exist, the records requested are exempt from disclosure under the California Public Records Act (CPRA) for the following reasons:Government Code § 6254(f)- provides that law enforcement investigation, security and intelligence information file records of a local police agency are exempt from disclosure. Furthermore, as set forth in Rivero v. Superior Court, 54 Cal. App. 4th 1048 (1997) and Williams v. Superior Court, 5 Cal, 4th 337 (1993), the investigatory file exemption to the public records act request is not lost even where the investigation is deemed concluded or terminated.
Government Code § 6254(k)- read in conjunction with Evidence Code § 1040, provides that official information acquired in confidence by a public employee is exempt from disclosure.
Government Code § 6254(k)- read in conjunction with Article 1, § 1 of the California Constitution provides that personal information details are subject to privacy rights that make such information exempt from disclosure.

If you have any questions or need additional information, please respond to this email.
Government Code § 6254.29 -provides that social security number information is exempt from disclosure.
Government Code § 6255- the records in question are exempt because under the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. When considering the applicability of 6255, this request covers, at a minimum, approximately 3,000 individualized, paper-copy, case files compiled over the period requested. Additionally, such files are not organized in the manner requested. (i.e. area of use, mode of force, or chronological date/result of force used) Such a request potentially embraces thousands to tens of thousands of pages of material. Disclosure efforts in response to the request would require the utilization of thousands of hours of staff time in retrieval, initial review, administrative oversight review, the segregation of exempt from nonexempt information and actual copying time efforts such that the burdens and costs of disclosure would be substantial.  As such, the request is excessively overbroad based on the burdens and costs involved. See County of Santa Clara v. Superior Court, 170 Cal. App. 4 th 1301, 1321 (2009).  California law requires that a “specific and focused request” must be provided under the CPRA. See California First Amendment Coalition v. Superior Court, 67 Cal. App. 4 th 159 (1998); Rogers v. Superior Court, 19 Cal. App. 4 th 469 (1993).  Moreover, a request may be objectionable as unduly burdensome where it requires an agency to search an enormous volume of data for a “needle in the haystack” or, conversely, where a request compels the production of a huge volume of material. See California First Amendment Coalition v. Superior Court, 67 Cal. App. 4 th 159, 166 (1998). After careful review, our determination is that the incident described in your request does not meet the criteria for public release. State law creates an exception to the 6254(f) exemption that mandates the public release of SB 1421 cases: which are cases involving the use of force by Deputies causing death or great bodily injury, or in Deputy involved shooting cases; among other categories also inapplicable to your request. The incidents in which you are requesting are neither a use of force that caused death or great bodily injury to a person, nor discharge of a firearm by Sheriff's Department personnel; nor any of the excepted categories of police conduct. Thus, we are not legally required to release the requested records; we respectfully decline to do so. Exception: The only exception is file #T21 281 0076. Here a 40mm less lethal round was deployed in the city of Palm Desert, resulting in great bodily injury. Please consider this CPRA request closed.
Sincerely,
Sergeant Justin Pittenger J.D.
CPRA Unit
Riverside County Sheriff's Office

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RE:Public Records Reference # C000499-100721
Dear John Lindsay-Poland:
On October 07, 2021, the Riverside County Sheriff's Department received your request for records under the California Public Records Act (CPRA) wherein you requested the following: "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"."
I received three separate communications from you recently and they will be addressed in kind: 1. June 25, 2022 at 2:43 a.m., where you stated the following: Dear Sgt. Pittenger, Thank you for your response to the follow-up on my PRA request. I understand from what you wrote that responsive records "are not organized in the manner requested. (i.e. area of use, mode of force, or chronological date/result of force used)". I would only note that new state legislation, AB 481, will require publication of annual reports on the use of the equipment described in my request, from every sheriff and police agency in the state, beginning in 2023. It will be imperative that agencies organize their records in a manner that permits them to implement this requirement. Response:
The Department is aware of the passage of the Assembly Bill you referenced and will be in compliance with the bill at the time it was meant to be enforced by the legislature. 2. June 27, 2022 at 3:22 a.m., where you stated the following: To Whom It May Concern: I'm following up on the following California Public Records Act request, copied below, and originally submitted on Oct. 7, 2021. You had previously indicated that it would be completed on Nov. 1, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #C000499-100721. Thanks for your help, and let me know if further clarification is needed Response: My predecessor, Sgt. Bonaime, uploaded (15) separate records, which comply with your requests (Items #1 and 2); however, Sgt. Bonaime supplied you with exemptions from disclosure for item #3. (S ee Dept. Response (November 18, 2021)). 3. January 13, 2022 at 8:25 a.m., where you stated the following: Dear Sgt. Bonaime, Thank you for your response to my Public Records Act request for purchase and deployment records of certain types of equipment. In light of your response to Request #3, for deployment records, we would like to revise that portion of our request, to request records containing a summary of deployments of the devices named in the request, to include date, type of equipment, municipality, and incident identifiers such as Use of Force report number or incident report number. Response: To begin, Sgt. Bonaime was retired from the department and I did not receive this question until today when I accessed our file. In response to your request to alter your request, you will need to submit a new request to obtain the records you seek. Then, the department will provide you a response within statutory timelines. To complete a new request, you may: 1. Visit our portal (online request) at: https://riversidesheriff.govqa.us/WEBAPP/_rs/(S(vycgewtjxt0tjt3t4fo1pbrf))/SupportHome.aspx?s.
2. Send a written request to: Riverside County Sheriff's Department-CPRA Unit, 4095 Lemon Street, 1st Floor, Riverside, CA 92501
3. Email a request to: cpra@riversidesheriff.org
Please consider this CPRA request closed.
Sincerely,

Sergeant Justin Pittenger J.D.
CPRA Unit
Riverside County Sheriff's Department