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

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

It is a clone of this request.

Tracking #

5958359

Multi Request Use and policies for controlled firearms acquired through 1033 program
Status
Completed

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, 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: San Bernardino City Clerk

---If replying by email, enter your reply above this line---

Dear John,

We appreciate the opportunity to assist you and assure you
a positive experience with us.

The Problem you submitted was:

Request type: Public Records Request
Description: 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

Since this appears to be the first time you have entered a request,
we have automatically created a User name and a Password for you to
access our system for tracking this request.

Your Sign In information is:
Sign In name: jlindsay-poland72
Password: jlindsay-poland72776

You may change your User name and Password by selecting the My Account
button after your first Sign In.

You may add additional information to this request by:
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3) Going to: <http://user.GovOutreach.com/sanbernardino/case.php?id=5958359&access=3931333338316261>

Thank you,
Office of the City Manager

From:

Dear Sir/Madam,

This message is in response to your public records request received by the City of San Bernardino on October 27TH, 2021. Please be advised that Per the San Bernardino Police Department's Personnel & Training unit, 1033 program-acquired rifles are strictly used by the department's honor guard. The department policy pertaining to honor guard is attached. No other responsive records exist.

Please let us know if you have any further questions.

Thank you.

[Seal_Only_Email_400dpi]<http://sbcity.org/>

Sylvia Bautista
Records Management Specialist
City of San Bernardino - Office of the City Clerk
Office: 201 North "E" Street
Mail: 290 North "D" Street
San Bernardino, California 92401
Direct: 909.384.5002 | x3215
Bautista_sy@sbcity.org<mailto:Bautista_sy@sbcity.org> | www.sbcity.org<http://www.sbcity.org/>

From: San Bernardino Police Department

---If replying by email, enter your reply above this line---

Dear John,


Your request # 5958359 has been resolved with the resolution:
Responded Via Email 11/01/21

Thank you for contacting the City of San Bernardino.

We are pleased to report the service request you submitted has been resolved. If you have any further questions or service requests to submit, please contact us by calling the City’s Call Center at (909) 384-7272.

Representatives are available Monday through Thursday from 7:30 am to 5:30 pm and Friday from 7:30 am to 4:30 pm.

We look forward to assisting you in the future.

This is in reference to the Problem on Public Records Request you submitted on 10/27/2021 12:11 PM
Description: 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

You may reply to this email to send a response or you can view this
request online at:
<http://user.GovOutreach.com/sanbernardino/case.php?id=5958359&access=3931333338316261>

From:

Dear Sir/Madam, I apologize for the previous response it did not include Honor Guard attachement.

This message is in response to your public records request received by the City of San Bernardino on October 27TH, 2021. Please be advised that Per the San Bernardino Police Department's Personnel & Training unit, 1033 program-acquired rifles are strictly used by the department's honor guard. The department policy pertaining to honor guard is attached. No other responsive records exist.

Please let us know if you have any further questions.

Thank you.

[Seal_Only_Email_400dpi]<http://sbcity.org/>

Sylvia Bautista
Records Management Specialist
City of San Bernardino - Office of the City Clerk
Office: 201 North "E" Street
Mail: 290 North "D" Street
San Bernardino, California 92401
Direct: 909.384.5002 | x3215
Bautista_sy@sbcity.org<mailto:Bautista_sy@sbcity.org> | www.sbcity.org<http://www.sbcity.org/>

From: John Lindsay-Poland

Dear Ms. Bautista,

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

Sincerely,
John Lindsay-Poland

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