Use and policies for controlled firearms acquired through 1033 program (Escalon Police Department)
| Tracking # |
21-43 |
| Multi Request | Use and policies for controlled firearms acquired through 1033 program |
| Submitted | July 28, 2021 |
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Communications
From: John Lindsay-Poland
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
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, as reflected in the attached spreadsheet, including firearms.
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.
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
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
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California1033ControlledEquipent.xlsx
From: Escalon Police Department
City of Escalon CA
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Hi there
Your first City of Escalon CA record request (request number #21-43) has been submitted.
It is currently unpublished and is not available for the general public to view.
Request #21-43.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escalon CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escalon Police Department
City of Escalon CA
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Hi there
A message was sent to you regarding record request #21-43:
August 19, 2021
Via Electronic Mail
John Lindsay-Poland
Healing Justice Program
(510) 282-8983
Re: City of Escalon - Public Records Act Request Received on August 9, 2021 – Healing Justice Program 1033 Program - Determination Letter
Dear John Lindsay-Poland:
This letter serves as a determination to your request for city records dated August 9, 2021, received by the City of Escalon (“City”) pursuant to the California Public Records Act (“PRA”) (Gov. Code § 6250, et seq.). The request is as follows:
“…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, as reflected in the attached spreadsheet, including firearms.
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.
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
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…”
The City has responsive records to your request. Nonexempt records will be produced on September 16, 2021. If we are able to make the records available prior to the production date indicated above, we will do so. Alternatively, if additional time will be needed to complete the review and redaction of the responsive documentation, we will notify you in writing.
Please feel free to contact me directly at 209-691-7400 should you have any additional questions or concerns.
Very truly yours,
Tammy Alcantor
City Manager, Finance Director,
HR Administrator, City Clerk
City of Escalon
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escalon CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escalon Police Department
City of Escalon CA
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Hi there
A document has been released to you for record request #21-43:
* 10-33 Application for M16 by PD in 2011.pdf
Document links are valid for one month.
After October 17, you will need to sign in to view the document(s).
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escalon CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escalon Police Department
City of Escalon CA
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Hi there
Documents have been released for record request #21-43 along with the following message:
This correspondence is in response to your Public Records Act Request received August 9, 2021 concerning Healing Justice Program 1033 Program. This email will include links to our production letter and records fulfilling your request.
* 10-33 Application for M16 by PD in 2011.pdf
* 10-33 program 2015 forms.pdf
* DOJ ATF forms for weapons 10-33 program.pdf
* Patrol Rifle Policy.docx
* PRA RESPONSE- LINDSAY-POLAND.pdf
Document links are valid for one month.
After October 17, you will need to sign in to view the document(s).
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escalon CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Escalon Police Department
City of Escalon CA
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Hi there
Record request #21-43 has been closed. The closure reason supplied was:
Letter and documents emailed to requester.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Escalon CA.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: John Lindsay-Poland
Attn: Interim City Manager
Thank you for disclosing responsive documents in response to my Public Records Act request (#21-43) regarding controlled equipment acquired by Escalon PD under the Dept of Defense's 1033 program. The documents disclosed are responsive to #1 (use policies) and #4 (records on rationale for acquisition), but not to #2 (records of use of the equipment since July 1, 2019) or #3 (records of any complaints received regarding the equipment since July 1, 2019).
I would appreciate a response to these parts of my request, even if the response is that a search was made and no responsive records identified.
If you have any clarifying questions, you may reach me by phone at 510-282-8983 or email at jlindsay-poland@afsc.org.
Thank you.
John Lindsay-Poland
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