Untitled (San Jose Police Department)

Good afternoon,

Your request has been received. Government Code 6253(c) of the California Public Records Act allows up to 10 days from the receipt of the request to provide a response to the requester. I will provide an update to you by 10/14/21.

Thank you,

April Benoit #1180N
Research & Development
San Jose Police Department
201 W. Mission St. San Jose, CA 95110
Main: (408) 277-5200
April.Benoit@sanjoseca.gov<mailto:April.Benoit@sanjoseca.gov>

Good afternoon,

I have received records that may be responsive to your request. Due to the volume of records I received, the need for reviewing the records for relevancy and necessary redactions, as well as other assignments in queue, additional time will be needed. I will provide an update to you by Friday, 10/29/21.

Thank you,
-April

Good afternoon,

Please see the attached response from the San Jose Police Department concerning your request.

Thank you,
-April

Good afternoon,

Request #3 was forwarded to the Crime Analysis Unit (CAU) to extract the data, however, staff is seeking clarification. Please specify which data points you are seeking regarding these incidents. Are you just seeking the number of times they were deployed, case numbers, dates/times, etc? Once I receive clarification, I can relay that information to the CAU.

Thank you,
-April

Good morning,

I apologize for the delay. I will follow up with the Crime Analysis Unit to request a status update and let you know as soon as I can.

Thank you,

April Benoit #1180N

Research & Development

San Jose Police Department

201 W. Mission St. San Jose, CA 95110

Main: (408) 277-5200 | Direct: (408) 537-1658

April.Benoit@sanjoseca.gov<mailto:April.Benoit@sanjoseca.gov>

Hello,

I just heard back from the Crime Analysis Unit (CAU). The CAU is able to extract the data for you, however, a query does not currently exist.

Government Code Subsection 6253.9(b) allows a local government agency to recover “costs of producing a copy of the record, including the cost to construct a record, the cost of programming and computer services necessary to produce a copy of the record” in two situations:

1. In order to comply with the provisions of subdivision (a), the public agency would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals.
2. The request would require data compilation, extraction, or programming to produce the record.

The current Fee Schedule (http://www.sjpd.org/records/fees_public_safety.asp) requires $169.00 per hour to cover these costs. The CAU estimates 5 minutes to query these records. Should you desire to proceed with this request, a payment of $14.08 is required before the request will be processed, based on the estimate provided by CAU. Payment via check should be made payable to “City of San Jose” and delivered or mailed to my attention at:

San Jose Police Department
Research and Development Unit - PRA
201 W. Mission Street
San Jose, CA 95110

Upon receipt of payment, our Crime Analysis Unit will be notified, and your request will be placed in the queue for staff to process. The CAU estimates a turnaround time of 2-3 weeks to have the records completed.

Thank you for your patience,

April Benoit #1180N

Research & Development

San Jose Police Department

201 W. Mission St. San Jose, CA 95110

Main: (408) 277-5200 | Direct: (408) 537-1658

April.Benoit@sanjoseca.gov<mailto:April.Benoit@sanjoseca.gov>

Good morning,

I received the payment on 11/29 and was advised by the CAU it would be approximately 2 weeks from date of receipt. I’ll check on the status for you today to see if they’re still on course for a 12/14 turnaround date.

Also, you should have received a copy of your receipt from the Operations Support Services Division. Did they send one to you yet?

Thank you,
-April

Good Morning,

Thank you for your payment. Attached please find the receipt for your payment of $14.08 with check #558.

Thank You,

Jessica Grimaldo 1286N

Senior Police Data Specialist

BOA-Operations Support Services Division

San Jose Police Department

(408) 277-4141 Tel

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system.

Good Morning,

I will let April respond I only processed the payment.

Jessica Grimaldo 1286N

Senior Police Data Specialist

BOA-Operations Support Services Division

San Jose Police Department

(408) 277-4141 Tel

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system.

Good afternoon,

I apologize for the delay. I reached out to the Crime Analysis Unit this morning, requesting a status update. I advised them their response was due on 12/14/21 and am still waiting to hear back from staff. I will continue to follow up with them.

Thank you,
-April

Good evening,

I have been following up weekly with the CAU, requesting a status update and have not yet received one. The supervisor is aware I am still waiting for a response. I sent another follow up yesterday morning.

I apologize for the wait.

Thank you,
-April

Good morning,

I apologize again. I put in another status request with the supervisor at the CAU. I will continue to follow up with them.

Thank you,
-April

Good morning,

CAU staff just reached out to me this morning and are currently working on your request. They can provide the location (block address), report date, time, event number and officer who submitted the form and other use of force general information. They are not able to pull data on the exact equipment deployed, only if any projectile was deployed (a yes/no field in the Use of Force template). The details of the equipment deployed may be noted within the narrative of the report. Reports are considered records of investigation and are exempt from public disclosure pursuant to Government code 6254(f), however, you may request a synopsis of the event(s) from our Operations Support Services Division.

Additionally, please advise if you wish to receive the demographics of the suspect and any injury information for the officer(s) involved or just the data noted above.

Thank you for your patience.

April Benoit #1180N

Research & Development

San Jose Police Department

201 W. Mission St. San Jose, CA 95110

Main: (408) 277-5200

April.Benoit@sanjoseca.gov<mailto:April.Benoit@sanjoseca.gov>

Good afternoon,

Regarding the remainder of your request:

Request #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".

Additionally, on February 4, 2022, the additional data request was added: demographics of the suspect or injuries to officers or suspects.

SJPD Response #3: Please see attached record.

Attachment- UoF Impact Projectile Use_2020-2021

Requested incident reports are considered records of investigation. California Government Code 6254(f) details to whom records of investigation can be provided.

(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.

The Department is obligated to provide you with synopses of events if you wish to receive them. If so, I can forward your request to the Operation Support Services Division (OSSD) to address your requests for synopses. Thank you for your concern regarding AB 481. The Department will consider this as it develops its policy on military equipment.

Thank you,
-April