1033 MOU and annual inventory form (Hawaii - Adjutant General)

Shawn Musgrave filed this request with the Hawaii Department of Defense of Hawaii.
Tracking # FA-14-0130
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to Hawaii's Uniform Information Practices Code, 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 required to be completed by the state coordinator of the 1033 program. For reference, the Ohio state coordinator released the attached spreadsheet.

According to the DLA FAQ page regarding the 1033 program, the Adjutant General is in charge of coordinating the 1033 program for Hawaii. See http://www.dispositionservices.dla.mil/leso/Pages/StateCoordinatorList.aspx and http://www.in.gov/idoa/2391.htm.

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 10 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: ANTHONY, CHARLES J Lt Col USAF ANG HIANG/PA

Aloha, Mr. Musgrave:

You cite the Hawaii Uniform Information Practices Act (UIPA), however, that act pertains to state records, not federal, as you are evidently seeking. Please clarify if you are requesting the information pertaining to the 1033 program under the federal Freedom of Information Act (FOIA).
Regards,

///SIGNED///
CHARLES J. ANTHONY, Lt. Col. , HIANG
JF HQ Hawaii National Guard
Director, Public Affairs
(808) 733-4258 fax: X4236

From: Shawn Musgrave

Lt. Col. Anthony -

Thank you for getting back to me. I was unclear whether I ought to request these records under the federal FOIA or Hawaii UIPA, particularly since the MOA is between the federal DLA and the state of Hawaii. In any case, I request the MOA and the inventory under both the UIPA as well as under the FOIA, whichever is applicable.

Please let me know if this sufficiently clarifies, or if I can provide further clarification.

Best,
Shawn

From: ANTHONY, CHARLES J Lt Col USAF ANG HIANG/PA

Yes, that sufficiently clarifies and we'll process through FOIA as that is the only statue that is applicable in this case.
Regards,

///SIGNED///
CHARLES J. ANTHONY, Lt. Col. , HIANG
JF HQ Hawaii National Guard
Director, Public Affairs
(808) 733-4258 fax: X4236

From: Shawn Musgrave

Thank you! On the inventory portion of my request, I've attached a spreadsheet released by the Ohio 1033 coordinator, for your reference.

Best,
Shawn

From: Hawaii Department of Defense

An acknowledgement letter, stating the request is being processed.

From: Shawn Musgrave

Lt. Col. Anthony -

Checking in to see whether I can provide any further clarification on this request.

Thank you again for your help.

Best,
Shawn

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Hello Mr. Musgrave,

My name is Guy Terai and I am the Admin Services Supervisor for the Hawaii Army National Guard. I was cc'd your email yesterday and I really just had one question before I log your case in, are you requesting fees be waived as a member of the press?

Thank you,
Guy

Classification: UNCLASSIFIED
Caveats: NONE

From: Shawn Musgrave

Guy -

Thank you for reaching out. Yes, I request a waiver of fees as a member of the press. My reporting on matters related to law enforcement have been published in a variety of outlets, including on MuckRock, in the Boston Globe, in VICE magazine, in The Progressive magazine, and a range of other outlets.

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

Best,
Shawn

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Thanks Shawn...I will log your request on my end and mail you a response shortly with the assigned case #...

From: Shawn Musgrave

Hello,

Checking in on the case number?

-Shawn

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Hello,

Your case number is FP-14-028453...hard copy letter sent on Friday.

Guy

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Just to let you know...apparently our program has been suspended for several years since 2009...and changed hands several times...do you still want the current staff to look for what they can find?

From: Shawn Musgrave

Thank for you for the update. Yes, please proceed with searching for the most recent documents you can find.

Best,
Shawn

From: Shawn Musgrave

Hello,

Checking in on this request -- any update?

Best,
Shawn

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Shawn,

Our search has found approximately 72 pages of the most current documents fitting your request...I'm processing to refer these items to National Guard Bureau as they are our final release authority...a letter will be sent to you explaining the action...
Thanks,
Guy

From: Hawaii Department of Defense

The request has been forwarded from one agency to another agency or department for further review or follow up.

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. 20, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FP-14-028453.

Thank you for your help.

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Shawn,

I believe I mailed the attached letter to you; your request was referred to the National Guard Bureau office for final release. There were a couple of personal privacy items that needed redacting. I'm sure you will hear from them shortly.

Guy

From: Shawn Musgrave

Can you provide contact information for the individual you passed this to at NGB? We have yet to hear anything.

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Shaun,

I just received a phone message from NGB which I didn't quite understand and I think they are returning the file back to me for something...I'm trying to get clarification on what's happening.

Guy

From: Hawaii Department of Defense

An interim response, stating the request has been delayed

From: Hawaii Department of Defense

An interim response, stating the request is being processed.

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Shawn,

I spoke with my counterparts at NGB this morning and there appears to be no issues...I will be sending you what I have shortly. Thank you for your patience.
Thanks,
Guy

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Musgrave,

Please find the attached documents responsive to your request. Thank you for your patience. Feel free to call me if you have any questions.

Thank you again,
Guy Terai

Classification: UNCLASSIFIED
Caveats: NONE

From: Shawn Musgrave

Guy,

Thank you for sending these documents. A couple of clarifications:

1) The MOA you sent is dated June 2012. Is this the most current copy, or is there a more recent MOA that was signed between Hawaii and the Defense Logistics Agency?

2) The inventory documents you provided are dated December 7, 2005. Is there no more recent documentation of equipment received by Hawaii law enforcement agencies via the 1033 program?

3) Do the released inventory documents include only equipment in the "General" category, or also equipment in the "Tactical" category (I've also seen this listed as "DEMIL" or "Controlled" equipment)?

Thank you for your assistance with this FOI request.

Best,
Shawn

From: Terai, Guy B LTC USARMY NG HIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Shawn,

Yes, if you remember me saying... that Hawaii is the only state not participating, apparently, in the 1033 program. Somewhere back our program was suspended...so there is no existing MOA with DLA; that is why the document I sent to you is not signed.

Yes, that is the most recent equipment list they could find. According to DLA, however, please place link below into your browser, they have equipment lists posted on their site...

http://www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.

Guy

From: Shawn Musgrave

Understood. Thank you!

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