Use and policies for controlled firearms acquired through 1033 program (California Department Of Fish And Wildlife, Office of General Counsel)

Dear John Lindsay-Poland:
Thank you for your interest in public records of the California Department of Fish and Wildlife (CDFW). Your request has been received and is being processed in accordance with the California Public Records Act, Government Code section 6250 et seq. Your request was received in this office on 8/6/2021 and given the reference number R001344-080621 for tracking purposes.

Records Requested: To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
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 firearms.
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.
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.
Your request will be forwarded to the relevant CDFW regions and/or programs to locate records and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability of the records in question. PLEASE NOTE: The Public Records Act does not require a governmental body to create new records, 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 CDFW’s Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZPEhFU-2Bvy2oqrlHBe5M0RGAeT-2B4qUykOWV59A9EEIaMmiUgZRvl4qGXR2fTD1-2F1sswoe5JwfllQUlkUkDr-2B3ew-3DaTME_GzsslLQa2LCj18D1PuahfpfyMlafiL1wTHAnW7dojJeaXbWdN7VO5ihpSldyF9H9baI3CFW9N2ZNwfrTNiVciLFZSpATjfAwDtieNDEsYHlxrvsDn8-2FYJCapOFrnIpooRKQGymWwDmw9SNbH4z6CCXWsA911ZOqijld7UrIFFlXygyTshVXjiqumdQF-2FSja5v4-2FAodHIz2kBGtfjAlYR2K9uAV9JjWCsS-2Bjcgj2wELQ-3D)

To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZPEhFU-2Bvy2oqrlHBe5M0RGAeT-2B4qUykOWV59A9EEIaMmiUgZRvl4qGXR2fTD1-2F1sswoe5JwfllQUlkUkDr-2B3ew-3DoOfv_GzsslLQa2LCj18D1PuahfpfyMlafiL1wTHAnW7dojJeaXbWdN7VO5ihpSldyF9H9baI3CFW9N2ZNwfrTNiVciBcn0DBvfQPYdL-2BHTNDeS8i8ji-2BDLbCxznLgkzhDQUcxiReYhjm1Zw5MTc-2FSfNToAc-2Fo-2FGb18FF05F0U0VJw2lfEB4eiiaH5tegigVkANCsUipfiEav-2F-2FCePiwnG5nYQXnpkVeA0CTMhfb-2BFjMRDJFw-3D)

Dear John Lindsay-Poland,

Thank you for registering with the California Department of Fish and Wildlife's Public Records Center.

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From: requests@muckrock.com <requests@muckrock.com>
Sent: Friday, August 6, 2021 5:33 AM
To: Wildlife PRA Coordinator <PRACoordinator@wildlife.ca.gov>
Subject: California Public Records Act Request: Use and policies for controlled firearms acquired through 1033 program (California Department Of Fish And Wildlife, Office of General Counsel)

WARNING: This message is from an external source. Verify the sender and exercise caution when clicking links or opening attachments.

California Department Of Fish And Wildlife, Office of General Counsel
PRA Office
12th Floor, Suite 1341
1416 Ninth Street
Sacramento, CA 95814

August 6, 2021

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

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 firearms.

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.

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

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

View request history, see one related attachment, upload responsive documents, and report problems here:
https://www.muckrock.com/

Attachments:
• California1033ControlledEquipent.xlsx

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 116829
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

--- Please respond above this line ---

RE: PUBLIC RECORDS ACT REQUEST of August 06, 2021, Reference # R001344-080621
Dear John Lindsay-Poland,
This letter is in response to the above-referenced request you submitted to the California Department of Fish and Wildlife (Department) pursuant to the Public Records Act (PRA) (Govt. Code, § 6250 et seq.) on August 06, 2021.
The Department is initiating a search for records responsive to your request and will make available for inspection or provide copies of all responsive records, if any, that it is able to locate through reasonable efforts and that are not privileged or exempt from disclosure pursuant to the PRA or other applicable law. The Department will seek to make such records available as soon as reasonably possible. In the event the Department will be unable to make the records available within 90 days of your initial request, we will contact you to discuss the matter.
Due to the unprecedented COVID-19 emergency, many Department employees are now working remotely pursuant to emergency telework arrangements and do not have access to all Department records. For this reason, for the duration of the COVID-19 emergency and the related mandate to have Department employees work remotely, the Department will make “reasonable efforts” to locate responsive records by searching electronic records that its employees can access remotely. (See City of San Jose v. Superior Court (2017) 2 Cal.5th 608, 627 (quoting California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159, 166)).
The PRA requires disclosure of existing records in the possession, custody, or control of a public agency. If the Department locates existing records responsive to your request, the Department will provide them as you specified in the PRA Records Center. You may elect to receive copies of the records or to inspect them in person:

* If you chose to receive copies, documents maintained in electronic format will be transmitted electronically whenever possible via the PRA Records Center. If the Department needs to deliver hard copies, you will be charged a copying fee of $.15 per page and any mailing costs. The Department will notify you of the total cost prior to mailing the records. Please note the Department cannot waive or reduce these fees and costs for any reason.
* If you chose to inspect the records in person, when the COVID-19 emergency ends and Department employees are able to return to work, you will be notified of the availability of the records for inspection.
If you have any questions or need additional information, please reply to this message and reference PRA No. R001344-080621.
Sincerely,
Steffanie Mello
Senior Staff Counsel

To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZPEhFU-2Bvy2oqrlHBe5M0RGAeT-2B4qUykOWV59A9EEIaMPR3Z61l1qOuhakTThE-2F77bhZC9juzFtUL0Qyr8BslBHzklNrta8Im447jyp0dV31MDF-_GzsslLQa2LCj18D1PuahfpfyMlafiL1wTHAnW7dojJeaXbWdN7VO5ihpSldyF9H920F1BloQssmjmDItvQRbs0e2TRKlFB6kA1MergDjKst26pEvAWMevNeDKPnZOLPmMiGtmyQlS5vBGom94DQEomYntZCrKsWXMxFcecGgNTrSYQgG-2F0hzM7DlYN249-2FHzowPdvIjAeKDSzIjqnoFJg5u-2Bxpbhwse4V9Xf7tisVX3mopcOghs41pSL57tWh0wr)

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RE: Public Records Act (PRA) request dated August 06, 2021, Reference # R001344-080621
Dear John Lindsay-Poland:
This communication is in response to the above-referenced PRA request that you submitted to the California Department of Fish and Wildlife (CDFW).
CDFW has conducted a thorough and diligent search of its records and has located records responsive to your request. Please log onto the PRA Records Center at the following link to receive the responsive, non-exempt documents: Public Records Act Request - R001344-080621 (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZPEhFU-2Bvy2oqrlHBe5M0RGAeT-2B4qUykOWV59A9EEIaMmiUgZRvl4qGXR2fTD1-2F1sswoe5JwfllQUlkUkDr-2B3ew-3D8Evp_GzsslLQa2LCj18D1PuahfpfyMlafiL1wTHAnW7dojJeaXbWdN7VO5ihpSldyF9H9jensztmfmza-2FAndqsaKHz-2FtD9P-2FSYp-2BdTfQ-2Bua1m4W2NRuYFGPXC9WOaHBQGXU4qQ0IwshhSKT6EwvQW5Zjvnjul5diLy8Sdjp8hSywZ05jU8vcXB8fhRUNdumwfSW5W5Zc-2BjDsemPgJuIrHV6dgzKcgJZhISk5cHxZED-2BGcujU-3D)
However, law enforcement investigatory records are exempt from disclosure pursuant to Government Code section 6254(f) (see also Haynie v. Superior Court, 26 Cal.4th 1061 and Williams v. Superior Court, 5 Cal.4th 337.)  Thus, to the extent your request seeks any fines, warning letters, disciplinary notices, enforcement actions, citations, violations, and/or investigative reports, those records are exempt from disclosure under the PRA.
The decision to withhold or redact documents has been made by the undersigned.  If you have any questions or need additional information, please feel free to reply to this email.
Sincerely,
Steffanie Mello
Senior Staff Counsel
Office of General Counsel

To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZPEhFU-2Bvy2oqrlHBe5M0RGAeT-2B4qUykOWV59A9EEIaMPR3Z61l1qOuhakTThE-2F77bhZC9juzFtUL0Qyr8BslBHzklNrta8Im447jyp0dV31V2Ar_GzsslLQa2LCj18D1PuahfpfyMlafiL1wTHAnW7dojJeaXbWdN7VO5ihpSldyF9H9jensztmfmza-2FAndqsaKHz7QzutvMN-2BCwJzv63QnKQ0-2BZMXv4oY9s5R7Bh-2BQ-2BPEtSJBnhVPXFbrKtfCpXYNVfUzXiQQkYhv6dE5Fjrw1T1ooElZFjPMrDG-2BMbWRKF14BDF-2BVAIMUElWM2R5BxhyLxlk2FYQ0uZmRkaazqDkaTWZc-3D)

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