1033 equipment use and policies - agencies with MRAPs (Oakdale Police Department)
| Multi Request | 1033 equipment use and policies - agencies with MRAPs |
| Submitted | July 27, 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:
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 a Mine-Resistant Ambush Protected (MRAP) vehicle.
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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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 either John Lindsay-Poland, co-director of the Healing Justice Program at 510-282-8983 or Nathaniel Phillipps, the Ristad Fellow at 559-994-3647.
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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on July 27, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oakdale Police Department
Good afternoon, Mr. Lindsay-Poland.
Thank you for contacting the City of Oakdale with your Public Records Request. The person you emailed your request to, Kathy Teixeira kteixeira@ci.oakdale.ca.us<mailto:kteixeira@ci.oakdale.ca.us>, has not worked for the City of Oakdale since 2019. If you would please remove Ms. Teixeira from your contact list and send any future requests to my attention, Julie Christel <jchristel@ci.oakdale.ca.us> so that I may ensure there are no delays in the processing your requests, I would appreciate it. The City of Oakdale is in receipt of your request for records for information related to: the Oakdale Police Department’s acquired controlled equipment through the 1033 program including a Mine-Resistant Ambush Protected (MRAP) vehicle.
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: armored vehicles such as Mine-Resistant Ambush Protected (MRAPs) vehicles, firearms, 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.
City staff is currently researching your request and will have an initial determination of whether disclosable records have been identified no later than August 22, 2021. Please let me know if you have any questions.
Sincerely,
Julie
Julie Christel
Council Services and Legislative/Records Manager
Deputy City Clerk
City of Oakdale | City Clerk’s Office
280 North Third Avenue | Oakdale CA 95361
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~WRD0318
From: John Lindsay-Poland
Ms. Christel,
Thank you for this update and for your voice message. I am asking Muckrock to correct the address they have on file for Oakdale PRA requests.
I look forward to receiving your response by August 22.
best,
John Lindsay-Poland
From: Oakdale Police Department
Good afternoon, Mr. Lindsay-Poland.
Thank you for contacting the City of Oakdale with your Public Records Request dated August 12, 2021 for information pertaining to the Police Department’s acquired controlled equipment through the 1033 program including a Mine-Resistant Ambush Protected (MRAP) vehicle.
This letter will serve as the City’s notice of determination as to whether the request, in whole or in part, seeks non-exempt, non-privileged disclosable public records in the possession of the City, pursuant to the California Public Records Act (Government Code § 6250 et seq.) The City of Oakdale has completed its review of your request for public records and found there are records responsive to your request. Please see the City’s response to each request, listed below in blue and attached above.
* 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.
* All of the Police Department Policies are conspicuously on our website in compliance with California SB 978. I have attached a link to our Police Department and the Police Department Policies:
* Oakdale Police Department Website<https://www.oakdalegov.com/police>
* Oakdale Police Department Policies<https://cd0a8178-e84d-4094-bd32-556946c778d2.filesusr.com/ugd/49e361_451b3ed61a64407baf05f1ef7d44d68d.pdf>
* 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 1, 2019, specifically armored vehicles such as MRAP vehicles, firearms, and night vision equipment.
* This list does not exist
* 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.
* The records requested do not exist
* Documents that constitute, reflect, relate to or that contain rationales or criteria for acquisition of 1033-program controlled equipment, prior to its acquisition.
* These documents would be City Council Staff Reports and the Resolution that were presented at the City Council Meetings. Other than that, the PD does not possess any documents that contain rationales or criteria for the acquisition. The Staff Report, Resolution and City Council agenda are attached.
Sincerely,
Julie
Julie Christel
Council Services and Legislative/Records Manager
Deputy City Clerk
City of Oakdale | City Clerk’s Office
280 North Third Avenue | Oakdale CA 95361
From: John Lindsay-Poland
Dear Ms. Christel,
Thanks so much for your help with this request. I appreciate it.
Sincerely,
John Lindsay-Poland