1033 MOU and annual inventory form (Delaware - DEMA)

To Whom It May Concern:

Pursuant to Delaware's Freedom of Information Act, 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, DEMA is the agency in charge of coordinating the 1033 program for Delaware. 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 look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Shawn Musgrave

Hello,

I wanted to check to confirm that this request was received as submitted by email on Monday. For reference, I've attached the 1033 inventory as released by the Ohio state coordinator.

Please let me know if I can provide any further clarification.

Best,
Shawn

Hello,

Please confirm whether this request has been received and is being processed, or if I need to submit it to another individual or office.

Best,
Shawn

Mr. Turner -

This request has yet to be acknowledged. Per your obligations under Delaware law, I respectfully insist on confirmation that this request has been received and is being processed.

Several other states have provided their 1033 inventory spreadsheets without delay.

Best,
Shawn

Checking on this once again. I will call this afternoon to attempt to confirm this request has been received and is being processed.

Respectfully,
Shawn

Ms. Chandler -

Thank you for sending the MOA. For clarity, this was also a request for the annual inventory spreadsheet for equipment Delaware law enforcement agencies received via the 1033 program. I've attached the spreadsheet released by the Ohio state coordinator for reference.

Best,
Shawn

Kimberly -

Respectfully, the spreadsheet released by Ohio has also been released by more than a dozen other states. Each state's spreadsheet has had virtually identical formatting, and a number specifically indicated that the spreadsheet was prepared ahead of completing the annual certification of inventory. In the documents provided, Mr. Turner of DEMA notes that such an inventory was completed in January 2013. Since DLA guidelines require each state coordinator to complete an inventory certification on an annual basis, I presume that DEMA has updated this spreadsheet much more recently than January 2013.

I would ask that you conduct another search and release this inventory spreadsheet — which a number of states have called the "State Property Book" or something similar — or else clarify whether DEMA has another document or set of documents accounting for equipment received by Delaware law enforcement agencies via the 1033 program.

Best,
Shawn

Ms. Chandler -

Checking on this again. Please let me know if I can clarify any part of my followup message below.

Best,
Shanw

Ms. Chandler -

The MOA signed between Delaware and the Defense Logistics Agency requires DEMA, as the state 1033 coordinator, to "[v]alidate and certify the accountability of all controlled property received through the LESO Program" on an annual basis. The MOA also provides that "All inventories and certification statements will be maintained on file indefinitely."

I understand that the DLA's inventory system is online. But twenty other state coordinators confirmed that they have downloaded and maintain a statewide inventory, and provided unredacted copies of such. It is unclear to me how DEMA would fulfill its obligations as the 1033 coordinator without compiling, downloading and/or otherwise reviewing one inventory of all equipment received by Delaware law enforcement agencies via the 1033 program. Your response further stands out given that twenty states have released a statewide inventory down to the agency level of all equipment received via the 1033 program.

Please confirm that no statewide inventory exists within DEMA records per its obligations as the 1033 coordinator.

Respectfully,
Shawn Musgrave
MuckRock

Ms. Chandler -

Checking in -- any update on this request?

-Shawn

Ms. Chandler -

Thank you for providing the DLA inventory. I wanted to confirm whether DEMA has within its possession a full spreadsheet of agency-by-agency transfers for all equipment. As of today, a total of 29 state coordinators have released data to the agency level for all 1033 equipment transfers.

Respectfully,

Shawn Musgrave
MuckRock

Ms. Chandler -

When would be a good time to discuss tomorrow?

Best,
Shawn Musgrave
MuckRock

Ms. Chandler -

Thank you for speaking just now and confirming that none of the POC for the 1033 program in Delaware has downloaded a spreadsheet of equipment received from DLA. I consider this request closed for now.

Best,
Shawn

Ms. Chandler and Mr. Turner -

Yesterday, a panel commissioned by President Obama released its findings regarding the need for increased scrutiny of the 1033 program and similar federal programs that provide funding or direct equipment transfers to law enforcement nationwide.

The report is available online here: http://www.whitehouse.gov/the-press-office/2014/12/01/fact-sheet-strengthening-community-policing

In part, the report found that: "Both law enforcement and civil rights stakeholders agreed that there is often insufficient transparency to decisions surrounding the acquisition of equipment. These programs often permit LEAs to request equipment outside of a local government’s standard budget process and without civilian (non-police) government approval. Local elected officials are frequently not involved in the decision-making, and the general public is similarly unaware of what their LEAs possess."

In the spirit of promoting public accountability regarding the equipment that law enforcement agencies have received via the 1033 program, I once again respectfully ask that you release an unredacted spreadsheet of such equipment transfers. To date, 38 states have released this information. I urge Delaware to follow suit and help facilitate the productive dialogue around the 1033 program and its future that is only possible by evaluating its operation in detail.

Thank you for your consideration, and I look forward to hearing from you.

Respectfully,

Shawn Musgrave
MuckRock

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.