1033 MOU and annual inventory form (Alabama - ADECA)
| Submitted | Aug. 18, 2014 |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to Alabama's Public Records Law, I hereby request the following records:
-The current memorandum of agreement (MOA) or memorandum of understanding (MOU) with the Defense Logistics Agency, Disposition Services regarding the 1033 equipment surplus program administered by the DLA Law Enforcement Support Office
-The annual inventory form required to be completed by the state coordinator of the 1033 program
According to the DLA FAQ page regarding the 1033 program, ADECA is the agency in charge of coordinating the 1033 program for Alabama. See http://www.dispositionservices.dla.mil/leso/Pages/StateCoordinatorList.aspx
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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 would request your response within ten (10) business days.
Sincerely,
Shawn Musgrave
From: Shawn Musgrave
Please confirm whether the request for records below was received as emailed on Tuesday.
For reference, the Ohio state coordinator released the attached spreadsheet of equipment received via the 1033 program.
Please let me know if I can clarify this request further.
Best,
Shawn
-
Ohio_1033_Property_08-18-2014_2.xlsx
From: Childers, Larry
Mr. Musgrave,
The Alabama Department of Economic and Community Affairs assumed responsibility for coordinating the 1033 military surplus property just three months ago. No property transfers have taken place during our tenure, so we have not had occasion to generate any records regarding transferred equipment.
I am exploring the availability of past records from both state and federal sources. As soon as I know what is available to us, I will be back in touch with you.
Best wishes,
Larry Childers
Division Chief
Communications and Information Division
Alabama Department of Economic and Community Affairs
401 Adams Avenue | Montgomery, Alabama 36104
334.242.5525
www.adeca.alabama.gov<http://www.adeca.alabama.gov/>
larry.childers@adeca.alabama.gov<mailto:larry.Childers@adeca.alabama.gov>
[Twitter_29]<http://twitter.com/ADECA>[Facebook_small]<http://www.facebook.com/ADECAgov>
From: Shawn Musgrave
Mr. Childers -
Thank you for your confirmation, and please let me know if I can provide any further clarification. In case this was not passed on to you, I've attached the inventory spreadsheet as released by the Ohio state coordinator -- it is my understanding that each state coordinator maintains a corresponding spreadsheet.
Please let me know if I can be of any help in moving this request forward.
Best,
Shawn
-
Ohio_1033_Property_08-18-2014_2.xlsx
From: Shawn Musgrave
Mr. Childers -
Checking in -- any update on this request?
Best,
Shawn
From: Childers, Larry
Mr. Musgrave,
Alabama’s 1033 program is in a period of transition to a new coordinator, ADECA. For several months there have been no new property transfers to Alabama law enforcement agencies as ADECA works with the federal Law Enforcement Support Office to establish procedures and record-keeping practices that will ensure proper documentation for all property.
Currently, ADECA does not have records in its custody from which it could provide an authoritative listing of the property items transferred to individual law enforcement agencies. Those records are in the custody of the Defense Logistics Agency, which has chosen not to itemize the “tactical equipment” transferred to local law enforcement. ADECA has recently been granted online access to the DLA property database, but has never used it to respond to a public record request and has not had an opportunity to develop a well-considered policy regarding disclosure.
Until we have an opportunity to confer with all our local partners and thoroughly review the legal and policy implications of disclosure, we will follow DLA’s protocol. Criminals, whether drug traffickers or terrorists, could gain an advantage if they were provided a snapshot of the response capabilities of each individual law enforcement agency. Alabama’s public records law (Code of Alabama, §36-12-40) contemplates the possibility that records concerning “. . . measures, or systems” could have “an impact upon the security or safety of persons, structures, facilities . . .” and therefore are exempted from disclosure requirements. Without the opportunity for adequate consultation and deliberation regarding the potential public safety risks, it would be irresponsible for us to disclose sensitive records that a federal agency has chosen to withhold.
I will keep your request on file and let you know if any changes occur that would permit us to provide further information.
Larry
Larry Childers
Division Chief
Communications and Information Division
Alabama Department of Economic and Community Affairs
401 Adams Avenue | Montgomery, Alabama 36104
334.242.5525
www.adeca.alabama.gov<http://www.adeca.alabama.gov/>
larry.childers@adeca.alabama.gov<mailto:larry.Childers@adeca.alabama.gov>
[Twitter_29]<http://twitter.com/ADECA>[Facebook_small]<http://www.facebook.com/ADECAgov>
From: Shawn Musgrave
Larry,
Please provide contact information for the appeals authority for this determination.
Respectfully,
Shawn
From: Childers, Larry
Hi Shawn,
At ADECA, I am authorized to respond to public records requests on behalf of the department. In most cases I am able to quickly determine that a requested record is within the custody of the department, conclude that it is a public record under the law, and then provide copies or access, as appropriate.
In rare instances, however, I may find myself uncertain whether or not a specific document is a public record. In such cases I consult with the department’s legal counsel and I notify the Director of the Department. Based upon their guidance, I am then able to provide the record in question or an official statement explaining why the department is unable to provide the requested material. That is the process I followed in response to your inquiry.
Alabama’s public records legislation does not set out a specific appeals process, but I report to the Director of ADECA, Jim Byard, Jr. and my actions are always subject to review. Please understand, however, that the response I provided earlier is the official position of the department.
If you take issue with our position and wish to present additional facts or arguments, I can assure you that I will share it with the director and your position will be given full and fair consideration.
Best regards,
Larry
Larry Childers
Division Chief
Communications and Information Division
Alabama Department of Economic and Community Affairs
401 Adams Avenue | Montgomery, Alabama 36104
334.242.5525
www.adeca.alabama.gov<http://www.adeca.alabama.gov/>
larry.childers@adeca.alabama.gov<mailto:larry.Childers@adeca.alabama.gov>
[Twitter_29]<http://twitter.com/ADECA>[Facebook_small]<http://www.facebook.com/ADECAgov>
From: Shawn Musgrave
Mr. Childers and Mr. Byard:
As of today, a total of 29 state coordinators of the 1033 program have released full spreadsheets that indicate which state and local law enforcement agencies received excess military equipment from the Defense Logistics Agency:
-Arizona
-Arkansas
-California
-Colorado
-Connecticut
-Florida
-Georgia
-Idaho
-Indiana
-Iowa
-Kansas
-Maryland
-Minnesota
-Mississippi
-Missouri
-Montana
-Nebraska
-Nevada
-New Mexico
-North Dakota
-Ohio
-Oklahoma
-Oregon
-South Carolina
-Tennessee
-Texas
-Utah
-Washington
-Wisconsin
I urge Alabama to follow suit and to facilitate transparency of state and local governance. Please let me know if I can provide any further clarification or information to further this request.
Best,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Mr. Childers and Mr. Byard -
Checking to see whether ADECA will be releasing further information regarding the 1033 program. As of today, 31 states have released agency-by-agency data for all equipment transfers.
Respectfully,
Shawn
From: Childers, Larry
Shawn,
As I indicated earlier this month, ADECA does not have records in its custody that provide the detailed information you are seeking. While we have electronic access to the database maintained by the Defense Logistics Agency, we are not prepared to release information that DLA has determined could be detrimental to public safety.
I will let you know if, as the result of further review, this policy is revised in the future.
Larry
Larry Childers
Division Chief
Communications and Information Division
Alabama Department of Economic and Community Affairs
401 Adams Avenue | Montgomery, Alabama 36104
334.242.5525
www.adeca.alabama.gov<http://www.adeca.alabama.gov/>
larry.childers@adeca.alabama.gov<mailto:larry.Childers@adeca.alabama.gov>
[Twitter_29]<http://twitter.com/ADECA>[Facebook_small]<http://www.facebook.com/ADECAgov>
From: Shawn Musgrave
Mr. Childers and Mr. Byard -
Thank you for your response. I would again contend that the public interest in the accountability of how equipment is distributed via the 1033 program far outweighs any potential risks from disclosure of this information. This has been the determination by 32 states.
As there is no appeals process for requests submitted in Alabama, I will consider further legal steps to obtain this data in the interest of government transparency.
Respectfully,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Furthermore, please advise as to the portion of my request for the MOA between Alabama and the Defense Logistics Agency.
-Shawn
From: Shawn Musgrave
Mr. Childers and Mr. Byard -
Checking on this request once again.
Best,
Shawn
From: Shawn Musgrave
Checking in once again on the MOA. Your office has not provided any determination as to that portion of my request.
Best,
Shawn
From: Shawn Musgrave
Mr. Childers and Mr. Byard -
Your office has yet to provide even the MOA for the 1033 program. I respectfully insist on a full explanation for your failure to provide this basic document outlining the details of Alabama's participation in the 1033 program.
Respectfully,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Mr. Childers and Mr. Byard -
Following up on this once again.
-Shawn
From: Shawn Musgrave
Hello,
Following up on this once again — not a single state has declined to provide the MOA signed with the Defense Logistics Agency. Please confirm whether ADECA will follow suit and fulfill its obligations to transparency.
Respectfully,
Shawn Musgrave
MuckRock
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.