Purchase records and 'less lethal' use records (San Mateo County Sheriff’s Office)

John Lindsay-Poland filed this request with the San Mateo County Sheriff’s Office of San Mateo County, CA.
Multi Request Purchase records and 'less lethal' use records
Est. Completion Oct. 22, 2021
Status
Partially Completed

Communications

From: John Lindsay-Poland

To Whom It May Concern:

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

1. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2015 of any of the following:
• Firearms of .50 caliber or greater
• Patrol rifles (as commonly denominated for law enforcement use) or assault rifles (as defined in Sections 30510 and 30515 of the California Penal Code)
• Wheeled vehicles that are built or modified to provide ballistic protection to their occupants, such as Bearcats or armored personnel carriers.
• Projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents
• Long-Range Acoustic Device (LRAD)

2. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2018 of explosives and pyrotechnics, such as "flash bang" grenades and explosive breaching tools, and chemical weapons such as "teargas" and "pepper balls".

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".

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.

If you would like to discuss this request, please feel free to reach out to me, John Lindsay-Poland, American Friends Service Committee, 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.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 Mateo County Sheriff’s Office

Good morning,

We just received your inquiry below about your PRA request indicating that it was sent on 10/8; however, please see attached request that was actually sent on 10/12/21. We are working to have a response to you by 10/22/21.
I would also note that the link you provided does not work for me.
Regards,
Jenna

From: San Mateo County Sheriff’s Office

Good evening,

Below is what we were able to gather as a response to your Public Records Act request submitted on 10/12/21. If you are requesting the individual paperwork for each of the below purchases, we will require an additional 30 days (approximately) to gather those records. Please advise if the below information satisfies your request. Please note that I will be out of the office until 11/8/21, so please reply to Jennifer Prado (copied) if necessary.

1. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2015 of any of the following:
• Firearms of .50 caliber or greater (NONE)
• Patrol rifles (as commonly denominated for law enforcement use) or assault rifles (as defined in Sections 30510 and 30515 of the California Penal Code)
• Wheeled vehicles that are built or modified to provide ballistic protection to their occupants, such as Bearcats or armored personnel carriers. (NONE)
• Projectile launch platforms, such as 40mm projectile launchers, "bean bag" or specialty impact munition ("SIM") weapons, and "riot guns" used to disperse chemical agents
• Long-Range Acoustic Device (LRAD) (NONE)

FY15-16

FY16-17

FY17-18

FY18-19

FY19-20

FY20-21

40mm sponge round launchers

$ 7,552.28

$ 33,223.75

$ 3,492.79

$ 80,330.90

$ 6,201.03

Patrol Rifles

$ 789.87

$ 107,421.87

$ 9,146.29

Sponge Rounds

$ 436.00

$ 2,169.91

$ 8,581.58

$ 9,191.43

$ 2,553.60

Sting Ball Grenades

$ 6,981.44

$ 2,989.35

$ 922.12

Grand Total

$ 8,778.15

$ 107,421.87

$ 42,375.10

$ 12,074.37

$ 92,511.68

$ 18,823.04

1. Purchase records, invoices, procurement documents and other documents sufficient to show any and all disbursement of public funds for the acquisition by your agency since July 1, 2018 of explosives and pyrotechnics, such as "flash bang" grenades and explosive breaching tools, and chemical weapons such as "teargas" and "pepper balls".

FY18-19

FY19-20

FY20-21

FY21-22

CS Gas

$ 1,245.88

Flash Rounds

$ 2,080.86

Pepper Spray

$ 466.72

$ 1,689.59

$ 534.57

Pepperball

$ 3,241.16

$ 17,570.73

Pepperball launcher

$ 5,103.85

Grand Total

$ 466.72

$ 4,930.75

$ 25,290.01

$ 1,245.88

1. It is unclear to us what information you are seeking in Item 3. To the extent that you are focused solely on munitions that have been deployed by launchers, we have no responsive uses of a launching platform for diversionary devices. However, it is likely academic regardless as any records of such deployments would be exempt from the Public Records Act under 6254(f) of the Government Code.
Regards,
Jenna

From: John Lindsay-Poland

Dear Jenna,

Thank you for your response. Regarding #1 and #2, we are indeed looking for records with more detail regarding purchase of such equipment and materials, so will appreciate your efforts to gather individual paperwork for those purchases. I understand this will require 30 days.

Regarding #3, we are requesting records or information on the dates and circumstances of deployments of the equipment described in the request - which may be used as diversionary devices or for crowd control. We do not interpret these records to be exempt under 6254(f), and neither do the other law enforcement agencies that have disclosed such information. I attach, as an example, a response from the Humboldt County Sheriff's Office, which lists the dates, quantities, types of deployments of equipment and whether arrests were made. I am requesting this type of record in response to my request #3. Many other agencies in California have disclosed such records in response to our requests.

I appreciate your efforts on this request. Don't hesitate to reach out to me by phone at 510-282-8983 or email at jlindsay-poland@afsc.org if you have clarifying questions.

Sincerely,
John Lindsay-Poland

From: San Mateo County Sheriff’s Office

Hello John,
I am one of the attorneys who assists the Sheriff’s Office. I understand that you clarified item #3 and reiterated your request for responsive records. I saw the information provided by Humboldt County. The reports pertaining to deployment of these devices you list in #3 are exempt from the PRA under 6254(f) because the use of force reports are investigatory or security files for law enforcement or correctional purposes. Under SB 1421, the SO must disclose an incident in which the use of force by a peace or custodial officer against a person resulted in death or GBI, but that is not the case for any of these deployments. As such, there are no non-exempt responsive records.
Tara

From: San Mateo County Sheriff’s Office

Good morning,

Regarding items #1 and #2, we will be in touch when the requested documents have been gathered.
Regards,
Jenna

From: San Mateo County Sheriff’s Office

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Good morning,

Please find the documents requested attached to this email.

Regards,

Jenna

From: John Lindsay-Poland

Dear Jenna,

Thank you so much for the production of purchase records in response to my request. I really appreciate it.

Regarding #3, records of deployment of equipment, I understand that you are stating that records of deployment of these devices are "investigatory or security files" and therefore exempt from disclosure.

You may be aware that all law enforcement agencies, beginning in 2022, will be required by AB 481 to publish (not just produce in response to PRA requests) summaries of deployments of these types of devices, on an annual basis.

The SO may have records in which investigatory material can be redacted. I request disclosure of such redacted material, or a summary of deployments of these devices, as other agencies have done.

Again, thanks for your work on this.

best,
John Lindsay-Poland

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