Use and policies for controlled firearms acquired through 1033 program (City of San Luis Obispo Police Department)

John Lindsay-Poland filed this request with the City of San Luis Obispo Police Department of San Luis Obispo, CA.
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: City of San Luis Obispo Police Department

The first request I received via email arrived on 8/6. I will have a response for you by 8/16.

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From: City of San Luis Obispo Police Department

Good morning Mr. Lindsay-Poland,

I wanted to let you know that we have a large number of records to go through to determine what is responsive to your request. I anticipate that we will be done early next week and I will send the responsive documents to you at that time.

Sincerely,

Tera Rapp
Records Supervisor
San Luis Obispo Police Department

From: John Lindsay-Poland

Thanks so much. I look forward to your response.

John Lindsay-Poland

From: City of San Luis Obispo Police Department

Good morning Mr. Lindsay-Poland,

Regarding your request related to the 1033 program below:

No 1: We do not have a policy that is specific to 1033 program controlled equipment. Use would fall under our other general policies which are available on our website as a searchable PDF document:
https://www.slocity.org/government/department-directory/police-department/police-department-policy-sb-978/policies-procedures

No 2: We have no records that are responsive to this request. The 1033 program equipment is in storage and has not been used.

No 3: We have no records that are responsive to this request.

No 4: The request form for this program was electronic and goes directly to the government. We do not get a copy of this form as the government retrains it. We do not have another record that contains “rationales or criteria for acquisition of 1033-program controlled equipment prior to it’s acquisition”. I have attached the only document we have that somewhat pertains to this request. The M-16s were acquired around 1998 or 1999 and we do not have those records.

Thank you for your patience while we went over our records and please let me know if you have any questions.

Sincerely,

Tera Rapp
Records Supervisor
San Luis Obispo Police Department

From: City of San Luis Obispo Police Department

I’m so sorry but I forgot to attached the document to the response I just sent. Please see attached.

From: John Lindsay-Poland

Dear Tera Rapp,

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

Sincerely,
John Lindsay-Poland

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