Purchase and 'less lethal' deployment records (Santa Paula Police Department)

John Lindsay-Poland filed this request with the Santa Paula Police Department of Santa Paula, CA.
Tracking #

147-2021

Multi Request Purchase and 'less lethal' deployment records
Due Nov. 8, 2021
Est. Completion None
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:

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.

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: Santa Paula Police Department

Dear John Somerville,

Thank you for contacting the City of Santa Paula, where we are committed to helping you.

This letter shall serve as an initial response notifying you that the City has received and is reviewing your request for public records, pursuant to the California Public Records Act (Government Code Section 6250 et seq.).

Your email Public Record Request of November 1, 2021, has been entered into our Public Records Request Portal at http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15uUIGNQxiDmHFad7TMrURcV2mRyQWTBMu8iKUQpvttA-2Bxs3YjPURCfp-2BxFD9f8pJl8N-2F4rbCpy675C9NyNzCtF0-3DaCBe_7AXId45RrbW-2BG9WZHAt1knx7v6UUZfiPv8or5IYD-2BVttHGOt2Kjq9md8N-2BObyKhsN4o6M1Blfv434bl32TBiM7bKYOUrUXY9rjusxne4v5EDcFElc-2F3uHr8bn58G5K-2FkAnE65-2F5HBCLg18iAxvbCmkFBg3p5L4wDscPViunjaTbuvPU0pvXD7njAFHlhySq7BCfqzbliXsstUqkjqUUxZqZi79CCqQbMK7qSk5JYcSLbOG9H3R854lWOFC2UUpAUOdOIiBIaNWNJF86w8qhtnQD-2BgrWR-2FTebrjgw6AjgRLEhv-2Bb6zvIb-2F3Zg5uHkRuI8MokQkcgltRhH0p4qn9L0rw-3D-3D , where you can track the progress of your request. Your security key is 944335. Your request reference number is 147-2021.

The City is in the process of evaluating the records request you submitted in an effort to make any relevant and disclose-able documents promptly available to you. (See Government Code Section 6253(b).) Please note that whether and when any documents will be produced subject to your request depends on the payment of any applicable fees, and the time that it takes the City to search for, collect and redact exempt information from the records requested, if necessary.

Due to the Novel Coronavirus (COVID-19) pandemic, the City of Santa Paula has taken immediate steps to prevent and curb the spread of the contagious virus. As part of the measures to ensure public safety, City Hall has been closed to the public and its normal operations have been disrupted. Accordingly, we will respond to your Public Records Act request as soon as we reasonably can. If your request requires a search for documents by other City departments which are currently not being staffed, our assessment as to whether responsive documents exist will be delayed. The City will make its best effort to provide readily accessible records within the time constraints of the Public Records Act. We appreciate your cooperation in this time of emergency and sincerely apologize for any delay.

In the meantime, if you have any questions or concerns regarding the processing of this request, please contact me directly.

Sincerely,

Julie Latshaw
City Clerk

805-933-4208

jlatshaw@spcity.org

From: Santa Paula Police Department

Dear John Lindsay-Poland,

Thank you for your email correspondence dated November 1, 2021,requesting public document. The City will attempt to fully comply with your request for documents. Accordingly, you may inspect (and copy) all documents the City has pertaining to your request except those that are exempt from disclosure under the Public Records Act.

Please note that the Public Records Act (“PRA”) requires the City to disclose “writings” that it keeps in the ordinary course of business (Gov’t. Code § 6252). It does not, however, require the City to generate new records when responding to a citizen request for documents (Rosenthal v. Hansen (1973) 34 Cal.App.3d 754). Nor does the PRA require the City to comply with requests for documents that are unduly burdensome (State Bd. of Equalization v. Super. Ct. (1992) 10 Cal.App.4th 1177.)

Moreover, the PRA exempts certain types of documents from disclosure (see generally Gov’t. Code §§ 6254, 6255). Accordingly, the City respectfully declines to release the following types of documents:

Government Code § 6254(k) specifically exempts records that are protected under state and federal law. The documents available to you are those not protected by attorney-client, or other, privilege (see Gov’t. Code § 6276.04);
Similarly, records prepared in anticipation for litigation to which the City is a party, are not being disclosed (Gov’t. Code § 6254(b));
Records that would result in invading the privacy of an individual or corporation will either be redacted or not disclosed (Gov’t. Code §§ 1798.3, 6254(c), 6255);

Due to the Novel Coronavirus (COVID-19) pandemic, the City of Santa Paula has taken immediate steps to prevent and curb the spread of the contagious virus. As part of the measures to ensure public safety, City Hall has been closed to the public and its normal operations have been disrupted. Accordingly, we will respond to your Public Records Act request as soon as we reasonably can. If your request requires a search for documents by other City departments which are currently not being staffed, our assessment as to whether responsive documents exist will be delayed. The City will make its best effort to provide readily accessible records within the time constraints of the Public Records Act. We appreciate your cooperation in this time of emergency and sincerely apologize for any delay.

We anticipate that it will take additional time to search for, collect and review the volume of information you requested. According, in accordance with Government Code § 6253©, the City will require an additional fourteen (14) days to identify and father all of the records pertaining to your public records request.

Julie Latshaw
City Clerk
City of Santa Paula

From: Santa Paula Police Department

Dear John Lindsay-Poland,

The public records you requested have been submitted and are ready for you to view.

The records you requested can be viewed in our public portal, the same place you initially submitted your request.

Here is the link to the portal: http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15uUIGNQxiDmHFad7TMrURcV2mRyQWTBMu8iKUQpvttA-2Bxs3YjPURCfp-2BxFD9f8pJl6BKfF7xZt-2BHCeh0yuagENc-3DYwRc_7AXId45RrbW-2BG9WZHAt1knx7v6UUZfiPv8or5IYD-2BVttHGOt2Kjq9md8N-2BObyKhsN4o6M1Blfv434bl32TBiM7bKYOUrUXY9rjusxne4v5Ge-2FJG4OAIHMj1M7WjNd79l5QY-2B2tsPXu48RgZyQwRU7g-2FYdnh2fLfn1abD8KufYygtmtsQn2JAkBwW-2FZdUUBIW-2BvayJW-2BfXdMH6G9AaINeoh6iQuC4CBdJY3AuJaiNknxyYjoL8aIp0vNKHYgOwhYHvpYymY9n1321xseANmXIH2Z-2FKe3fQmnIBNlzwPbLH3-2FN-2BmK9RmhP2-2FNSnRL0-2Fytc9dmkD2Bj7CRjPAhRIWfSmw-3D-3D

To view submitted records you will enter your request number and security key. You should have received a request number and security key upon submitting your request. If you need assistance finding those, do not hesitate to call or email me.

Due to the Novel Coronavirus (COVID-19) pandemic, the City of Santa Paula has taken immediate steps to prevent and curb the spread of the contagious virus. As part of the measures to ensure public safety, City Hall has been closed to the public and its normal operations have been disrupted. Accordingly, we will respond to your Public Records Act request as soon as we reasonably can. If your request requires a search for documents by other City departments which are currently not being staffed, our assessment as to whether responsive documents exist will be delayed. The City will make its best effort to provide readily accessible records within the time constraints of the Public Records Act. We appreciate your cooperation in this time of emergency and sincerely apologize for any delay.

Thank you and have a wonderful day.

Sincerely,

Julie Latshaw

(805) 933-4208

jlatshaw@spcity.org

From:

Hello,

The request Request Number: 147-2021 has been completed.

Thank you,
JustFOIA

*Note: This is an automated email notification. Please do not respond to this email.

From: John Lindsay-Poland

Dear Ms. Latshaw,

Thank you for your response to my Public Records Act request of November 1, 2021 regarding purchase and deployment records for some types of equipment used by the Santa Paula PD.

You released some purchase records of firearms and launchers, which are responsive to Request #1. However, the request had two other parts, and I can't tell from your response whether a search was made for records responsive to these other two parts of the request, and if so whether any responsive records were identified, nor whether identified responsive records are being denied (although you referenced potential exemptions in your earlier correspondence on this request).

The other two parts of the request are:
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".

Please let me know whether a search was made for these records, and if so, the outcome - including whether the City is claiming an exemption under the CPRA.

Thanks, and I hope you are getting a holiday break and reading this after the long weekend!

best,
John Lindsay-Poland

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