1033 equipment use and policies - agencies with MRAPs (Santa Paula Police Department)

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

102-2021

Multi Request 1033 equipment use and policies - agencies with MRAPs
Est. Completion None
Status
Fix Required
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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

From:

Thank you for submitting a request for records.

Your request security key is 198174.
Your request reference number is Request Number: 102-2021.

Please have this security key and reference number available when communicating with our staff regarding your request.

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

From: Santa Paula Police Department

Dear John Lindsay-Poland,

Thank you for your email correspondence dated July 28, 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.

Description of your request on July 28, 2021:

From:

Hello,

The request Request Number: 102-2021 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, informing me that responsive records can now be viewed. Please let me know whether you can send responsive documents digitally, or if I can view digital files at a site.

Many thanks for your efforts.

best,
John Lindsay-Poland

From: John Lindsay-Poland

Dear Santa Paul PD staff,

I received a response to my Public Records Act request on August 20, stating that documents I requested "have been submitted and are ready for you to view." However, there were no documents attached to the communication, nor a link or address provided where I could view the disclosed documents.

Please re-send, if you could, the documents disclosed in response to this request. I can be reached at jlindsay-poland@afsc.org or by phone at 510-282-8983 if you have any clarifying questions.

best,
John Lindsay-Poland

From: Santa Paula Police Department

We are sorry, your message could not be delivered.

We just received the email you sent to donotreply and it looks like we didn’t get enough information to route it correctly. If you are replying to someone, please go back to the original email and hit reply - that should send along the information we need to move your message on to the right place.

We hope that this solves the issue, but if not please let the person who sent you the email know you are getting this message.

Thank you,

JustFOIA


Santa Paula Police Department
PRA Office
214 S. 10th St.
Santa Paula, CA 93060

September 29, 2021

This is a follow up to request number 102-2021:

Dear Santa Paul PD staff,

I received a response to my Public Records Act request on August 20, stating that documents I requested "have been submitted and are ready for you to view." However, there were no documents attached to the communication, nor a link or address provided where I could view the disclosed documents.

Please re-send, if you could, the documents disclosed in response to this request. I can be reached at jlindsay-poland@afsc.org or by phone at 510-282-8983 if you have any clarifying questions.

best,
John Lindsay-Poland

View request history, upload responsive documents, and report problems here:
http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15shv484ucFFIazOudcBo6e6r3qGT-2BbxCMYJ-2FrnPJT37aRLJyGZxgjxTWzeo5NOMBW1Kh7-2F0lVLEBoE0q9toAN-2F1JX-2FDizz7QU2mJbrnf15fdU9rXkaFmAJo070A4n6zUkxLyF-2F5-2BxL3UFD-2FxRPx0Jo9AS29EQ1IB8HRXEjvF3WajI6SI-2B-2FpeK9YbnUP3wsK49Z-2BEl3dqSsnEwrJ1b34eKpOQaOT4aNMCu-2FE9fgVgghZSJ6J0a5Pe6OoiVnsKAlFwQbvuVaeTbeWNfjUbH2j8mm03qSTST4Roc1pU-2F0fRscMD0UZYGSaskgFXO75SSHLjUCxOKMJEzJHhsnf6UgyUapdge59EyopZbhXs-2BTesPqb9Ltp9MPthODi-2FeQ8QcbX6xiKGrHxOOz-2Bi8TOOsWH9cy14xmM46eUkApVj-2B-2B1vbTjcTLoa5nYqGksULZIV5oUStY44uLmJxjCyeKuKXrlpsUpGmSmVr9PsC8INgt1c52AtjwXWRNDsXNNtfVaQny2NwhGN-2BVdmNbawbNjN-2BVkgDuIw087LPvz7qvqA9xHOF4MKAmD1_lpHuNNxShyZy5WoSUp6f3t8SgbPAg70yCJ9MrXixE2gGuGHD2Fv0oyp5paWF3Dr-2FCNqgsu1Acf5j3r09Nnd-2FzN65L4MD1LaT5ieHCRd0RSb4m0XT-2BYtGMUZi-2F48y8iyFryA-2BRw5zDGt9ldxBPCjutuZceMr4bpeXjv12heLKc6ByXpmIlxzyYgsl17m7bqK64NGJD0kPWkW-2FH7325vJN-2Ft0L4YiDydx5mT3C2MGprVg-3D

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 116732
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On Aug. 22, 2021:
Subject: RE: California Public Records Act Request: 1033 equipment use and policies - agencies with MRAPs (Santa Paula Police Department)
Dear Ms. Latshaw:

Thank you for your response, informing me that responsive records can now be viewed. Please let me know whether you can send responsive documents digitally, or if I can view digital files at a site.

Many thanks for your efforts.

best,
John Lindsay-Poland
---

On Aug. 20, 2021:
Subject: JustFOIA Records Request 102-2021 Completed
Hello,

The request Request Number: 102-2021 has been completed.

Thank you,
JustFOIA

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

---

On Aug. 20, 2021:
Subject: Public Records are Processed and Ready to View
Dear John Lindsay-Poland,

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

Description of your request on July 28, 2021:

---

On Aug. 6, 2021:
Subject: 14 Day Extension
Dear John Lindsay-Poland,

Thank you for your email correspondence dated July 28, 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
---

On Aug. 6, 2021:
Subject: Records Request Confirmation
Thank you for submitting a request for records.

Your request security key is 198174.
Your request reference number is Request Number: 102-2021.

Please have this security key and reference number available when communicating with our staff regarding your request.

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

---

On July 27, 2021:
Subject: California Public Records Act Request: 1033 equipment use and policies - agencies with MRAPs (Santa Paula Police Department)
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 (http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15uPs5Avq6ZnIw-2BButJaV4XN3Me1ufrG-2BEFcJPj2mxPdVmHTrQqvKZs-2Bj7bz-2FhOiuza8CKYCNRjXaXBRl4MMgNrdSXbg0K4bVay04wU6dABwcwp9PFXJIMEaLAU5YMt0gpQ-3D-3D50Ne_lpHuNNxShyZy5WoSUp6f3t8SgbPAg70yCJ9MrXixE2gGuGHD2Fv0oyp5paWF3Dr-2FCNqgsu1Acf5j3r09Nnd-2FzB4YUEqsQXyP43tyfUftoHlo6D7oL8grlLHdiISzusScuxl20VZhibXDmeryJX9RUWsrbxg3hfr1LrV1dfPfHVkeasbd7F9WokO3UksBYvGBQ8IO9jofof04A3ER2Sh9qNIfabgM0-2B7WLohmBve9608-3D 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

View request history, upload responsive documents, and report problems here:
http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15shv484ucFFIazOudcBo6e6r3qGT-2BbxCMYJ-2FrnPJT37aRLJyGZxgjxTWzeo5NOMBW1Kh7-2F0lVLEBoE0q9toAN-2F1JX-2FDizz7QU2mJbrnf15fdU9rXkaFmAJo070A4n6zUkxLyF-2F5-2BxL3UFD-2FxRPx0Jo9AS29EQ1IB8HRXEjvF3WajI6SI-2B-2FpeK9YbnUP3wsK49Z-2BEl3dqSsnEwrJ1b34eKpOQaOT4aNMCu-2FE9fgVgghZSJ6J0a5Pe6OoiVnsKAlFwQbvuVaeTbeWNfjUbH2j8mm03qSTST4Roc1pU-2F0fRscMD0UZYGSaskgFXO75SSHLjUCxOKMJEzJHhsnf6UgyUapdge59EyopZbhXs-2BTesPqb9Ltp9MPthODi-2FeQ8QcbX6xiKGrHxOOz-2Bi8TOOsWH9cy14xmM46eUkApVj-2B-2B1vbTjcTLoa5nYqGksULZIV5oUStY44uLmJxjCyeKuKXrlpsUpGmSmVr9PsC8INgt1c52AtjwXWRNDsXNNtfVaQny2NwhGN-2BVdmNbawbNjN-2BVkgDuIw087LPvz7qvqA9xHOF4MKGlSv_lpHuNNxShyZy5WoSUp6f3t8SgbPAg70yCJ9MrXixE2gGuGHD2Fv0oyp5paWF3Dr-2FCNqgsu1Acf5j3r09Nnd-2FzJifelqSbpY1plqysEe7kQ8PwQbLvxUBsnDyR3TH1pe-2FM6HFcMVVHOTWDXiMFnFl02Pv2ldwtEsxpYZ5oyTPL36ZOd0A1pRzQUYRamNuMXMznjwcUDn5wwHFc7JV1cVOtu5AnCFMAndl8MYjvYpdAbA-3D

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 116732
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

To reply to this request, enter the 8 letter security code that was included with the request letter.
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