1033 equipment use and policies - agencies with MRAPs (San Benito County Sheriff)

John Lindsay-Poland filed this request with the San Benito County Sheriff of San Benito County, CA.
Tracking #

21-214

Multi Request 1033 equipment use and policies - agencies with MRAPs
Due Aug. 6, 2021
Est. Completion Aug. 20, 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: San Benito County Sheriff

San Benito County

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Hi there

Your first San Benito County record request (request number #21-214) has been submitted.
It is currently unpublished and is not available for the general public to view.

Thank you for your request. Please be advised that County staff have received your CPRA request. San Benito County takes CPRA requests seriously and will respond in accordance with the law.

Within the next 10 days, we will determine whether your request seeks copies of disclosable records in the County's possession or whether the County will require an extension.

Request #21-214.

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From: San Benito County Sheriff

San Benito County

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Hi there

Record request #21-214 has been published and is now available for public view.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Benito County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Benito County Sheriff

San Benito County

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Hi there

A message was sent to you regarding record request #21-214:

 

Thank you for your request for records pursuant to the California Public Records Act, Government Code § 6250, et seq., received on July 28, 2021.

 

The response to each of the items in your request is detailed below:

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

Attachments:

* https://cdn.muckrock.com/outbound_composer_attachments/JOHNLP/99014/California1033ControlledEquipent.xlsx

Upload documents directly: https://www.muckrock.com/

 

This letter serves as the County’s initial response to your request and notification of the need for an extension of time to fully respond, pursuant to Government Code § 6253(c), due to the need to obtain records from a facility/establishment separate from the department responding to your request.

 

The County will provide an update and any potential responsive public records beginning no later than August 20, 2021. In any such case, the County reserves the right to assert any applicable exemptions or privileges in regard to the release of records.

 

Should you have any questions, please feel free to contact me via e-mail at JFrechette@cosb.us or via phone at (831) 636-4000, ext. 13.

 

Sincerely,

 

Jennifer Frechette

 

Clerk of the Board

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Benito County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Benito County Sheriff

San Benito County

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Hi there

Documents have been released for record request #21-214:

* Dylan Pierce - MRAP Transport.pdf

* MATV Loadout.docx

* SKM_C45819080915240.pdf

Document links are valid for one month.
After September 20, you will need to sign in to view the document(s).

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Benito County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Benito County Sheriff

San Benito County

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Hi there

A document has been released for record request #21-214:

* Vehicle_Use.pdf

Document links are valid for one month.
After September 20, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Benito County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Benito County Sheriff

San Benito County

************************************************************************

Hi there

A message was sent to you regarding record request #21-214:

Thank you for your request for records pursuant to the California Public Records Act, Government Code § 6250, et seq., received on July 28, 2021.

 

 

After a diligent search County Staff has determined that there are responsive public records, please see attachments.

 

In the event the County subsequently discovers additional records in its possession that are responsive to your request, the County reserves the right to provide a supplemental response. In any such case, the County reserves the right to assert any applicable exemptions or privileges in regard to the release of records.

 

 

Should you have any questions, please feel free to contact me via e-mail at JFrechette@cosb.us or via phone at (831) 636-4000, ext. 13.

 

 

Sincerely, Jennifer Frechette

 

Clerk of the Board

 

Attachments (4)

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From: San Benito County Sheriff

San Benito County

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Hi there

Record request #21-214 has been closed and published. The closure reason supplied was:

All records have been released, and your request has been fulfilled

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Benito County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: John Lindsay-Poland

Dear Ms. Frechette,

Thank you so much for your response to my Public Records Act request regarding use and policies for use of the MRAP vehicle acquired by the San Benito County Sheriff's Office.

I understand the vehicle was acquired just two years ago. Among the records you shared there are no records showing the use of the vehicle, nor for complaints about its use. Can you informe me whether a search was made for such records of use or complaints, and whether any such records were found, or whether you found no responsive records for that portion of my request?

I appreciate your efforts in response to my request.

best,
John Lindsay-Poland

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