Use and policies for controlled firearms acquired through 1033 program (Shasta County Sheriff)

John Lindsay-Poland filed this request with the Shasta County Sheriff of Shasta County, CA.

It is a clone of this request.

Multi Request Use and policies for controlled firearms acquired through 1033 program
Est. Completion Aug. 30, 2021
Status
No Responsive Documents

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: Shasta County Sheriff

Dear John Lindsay-Poland:

This is a preliminary response to your Public Records Act request dated August 6, 2021, which the Shasta County Sheriff’s Office (Sheriff’s Office) received by email on the same day.

You requested “Records of your agency related to the deployment and use of controlled equipment obtained through the 1033 Program of the Department of Defense.”

Pursuant to Government Code § 6253(c)(1), the Sheriff’s Office exerts an extension on your request and anticipates providing you a further response with a determination of whether it has responsive non-exempt records and, if applicable, an estimate as to when the documents will be produced, on or before August 30, 2021.

If you have any questions regarding this response, please do not hesitate to contact me.

Respectfully,

Jenea Ashe
Agency Staff Services Analyst
Shasta County Sheriff’s Office
300 Park Marina Circle
Redding, CA 96001
(530) 245-6020

Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

From: Shasta County Sheriff

Dear John Lindsay-Poland:

This is a further response to your Public Records Act request dated August 6, 2021. The Shasta County Sheriff’s Office has determined we have no records responsive to your request.

The daily use or deployment of 1033-program controlled equipment is not tracked by the Sheriff’s Office. We can tell you, however, that the “night vision equipment” was returned due to lack of use.

We believe maintained records that are responsive to your request are held only by the Defense Logistics Agency (DLA) or Cal OES. While the DLA has jurisdiction over the 1033-program controlled equipment, more information may also be found through the Law Enforcement Support Program (LESO) of Cal OES, which oversees the program.

I believe we have fully responded your request, but if you have any questions or other requests, please contact me.

Sincerely,

Jenea Ashe
Agency Staff Services Analyst
Shasta County Sheriff’s Office
300 Park Marina Circle
Redding, CA 96001
(530) 245-6020

Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

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