1033 equipment use and policies - agencies with MRAPs (Sheriff's Department)

John Lindsay-Poland filed this request with the Sheriff's Department of Riverside County, CA.
Tracking #

C000374-072821

Multi Request 1033 equipment use and policies - agencies with MRAPs
Due Sept. 10, 2021
Est. Completion Aug. 23, 2021
Status
Awaiting Response

Communications

From: John Lindsay-Poland

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, as reflected in the attached spreadsheet, including a Mine-Resistant Ambush Protected (MRAP) vehicle.

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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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.

If you would like to discuss these requests, please feel free to reach out to either John Lindsay-Poland, co-director of the Healing Justice Program at 510-282-8983 or Nathaniel Phillipps, the Ristad Fellow at 559-994-3647.

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: 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 7/28/2021 and given the reference number C000374-072821 for tracking purposes.
Records Requested: " 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, as reflected in the attached spreadsheet, including a Mine-Resistant Ambush Protected (MRAP) vehicle.

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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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."
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-2B9bLAwd1woNBpwP9K0-3DWLDW_qyTGm-2BQZLQSoONpXQZNgQLTmDCXPOKk60ugrWpKDaHKKYeWeEMzCBHCScb7P6cKWh6v-2Bzs-2BV2XtBjcHto9nZDIMnDBbufQi13V8wuwuZVNPOEDRdC1WXyA279-2BXInRGtUYY0VHSQF7Sfh9Xf6PTAS7zXBIM2lV0c9FMhSDy72DUwo8LuuInbgm3lScWw6TBfM-2B-2BVwawA8g2K0Ex2TqJqEAEevwgj6IqMdN-2BioVVz0AA-3D)

From: Sheriff's Department

--- Please respond above this line ---

RE: Public Records Request of July 28, 2021, Reference # C000374-072821

Dear John Lindsay-Poland,

On July 28, 2021, the Riverside County Sheriff's Department received your request for records under the California Public Records Act (CPRA) wherein you requested the following: "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, as reflected in the attached spreadsheet, including a Mine-Resistant Ambush Protected (MRAP) vehicle.

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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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."

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 August 23, 2021.

Thank you for your patience in awaiting this information.

Sincerely,

Sergeant Greg Bonaime
CPRA Unit
Riverside County Sheriff's Department

From: 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.

From: 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.

From: Sheriff's Department

--- Please respond above this line ---

RE: Public Records Request of July 28, 2021, Reference # C000374-072821

Dear John Lindsay-Poland,

On July 28, 2021, the Riverside County Sheriff's Department received your request for records under the California Public Records Act (CPRA) wherein you requested the following:
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, as reflected in the attached spreadsheet, including a Mine-Resistant Ambush Protected (MRAP) vehicle.

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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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."

Item #1:  There are no specific documents or policies that exist specific to 1033-related equipment.
Item #2:  This type of information for routine tasks are not tracked in any way.   As of this date, no 10-33 rifles have been discharged in use of force incidents.  All 1033-program rifles are now in the possession of the Department Armorer and are not deployed in the field for use.  The MRAP is currently managed through the Riverside County Sheriff's Department - Special Enforcement Bureau (SEB) and no use of force incidents have occurred related to its deployment which is very infrequent and used for SWAT Operator transport.
Item #3:  No records exist.
Item #4:  No records exist.
Please consider this CPRA request closed.
Sincerely,

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

From: John Lindsay-Poland

Dear Sgt. Bonaime:

Thank you so much for your response to my Public Records Act request. I appreciate it.

You state that "The MRAP is currently managed through the Riverside County Sheriff's Department - Special Enforcement Bureau (SEB) and no use of force incidents have occurred related to its deployment which is very infrequent and used for SWAT Operator transport."

Please note that Item #2 was for records "that list the dates, locations, suspected offense(s) or rationale for operation, controlled equipment deployed, arrests, and uses of force for *each deployment* [emphasis added] of 1033-program controlled equipment since July 1st, 2019". That is, the request is not only for records of *uses of force* in deployments with the equipment, but for records of any deployments of the equipment.

In that respect, the request is for records that show the information requested for MRAP deployments, including deployments for SWAT operator transport.

Please indicate whether you have conducted a search for such records, and wether any responsive records were identified. If they were, please produce disclosable records.

Thank you so much. Feel free to contact me with any clarifying questions by email at jlindsay-poland@afsc.org or phone at 510-282-8983.

best,
John Lindsay-Poland

From: 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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