1033 Program Compliance Reviews (Department of Administration)

Daniel Welch filed this request with the Department of Administration of Indiana.
Est. Completion None
Status
Fix Required

Communications

From: Daniel Welch

To Whom It May Concern:

Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:

Documents included in state Program Compliance Reviews for excess DOD personal property, typically including:

"(a) A review of each selected LEAs LESO Program Files.

(b) A review of the signed State Plan of Operation.

(c) A review of the LEA application and screener(s) letter.

(d) A physical inventory and/or approved custody card verification of LESO Program property at each selected LEA.

(e) A review of property accountability procedures to include the following criteria;
(1) The proper security and storage of assets. (Secure controlled area with limited access).
(2) Asset tracking and sign out procedures in place for LESO assets.
(3) Prior approval of any transfer of high visibility assets.
(4) Reporting of all lost, missing or stolen assets.
(5) Identification of all unused property

(f) A specific review of each selected LEAs files for the following: DD Form 1348-1A for each item currently on inventory, weapons documentation, transfer documents, turn-in documents, inventory adjustment documents, exception to policy letters (if any), approved cannibalization requests (if any) and other pertinent documentation as required."
-- (from "State Plan of Operation Between The State of Connecticut and the Connecticut Law Enforcement Agencies," Section VI - 'Program Compliance Reviews', ยง A)

For reference, I am attaching a PCR recieved from the State of Connecticut: https://d3gn0r3afghep.cloudfront.net/foia_files/2016/07/20/2016_FOIA_Responsive_Records_INRE_MuckRock_Request.pdf

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 7 business days, as the statute requires.

Sincerely,

Daniel Welch

From: Grogg, Tim (IDOA)

In this manner the Indiana Department of Administration acknowledges receipt of your request for public records and will commence searching for properly disclosable records and respond as quickly as is reasonably possible upon your reply to the below.

Initially, see the requirements for clarification below:

1. Please provide the time period for the records you seek. As written the request is overly broad and expansive. See:
IC 5-14-3-3
Right to inspect and copy public agency records; electronic data storage; use of information for commercial purposes; contracts
Sec. 3. (a) Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in section 4 of this chapter. A request for inspection or copying must:
(1) identify with reasonable particularity the record being requested; and
(2) be, at the discretion of the agency, in writing on or in a form provided by the agency.
No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by other applicable statute.

2. Please provide a notarized affidavit that any records which may be provided will not be utilized for commercial purposes. A review of your websie indicates charges are assessed for those seeking information from your site. See IC 5-14-3-3.

Upon receiving the above information we will proceed.

Kindest Regards,

Tim A. Grogg

General Counsel

Indiana Department of Administration

tigrogg@idoa.in.gov

From: Daniel Welch

Hello Mr. Grogg,

Does January 1, 2005 to present work as a time period for the request? This has sufficed for other agencies so far.

As to a commercial purpose for the records, there is actually no charge for access to the documents Muckrock.com requests through FOIA. There is a subscription fee for users to use our interface to make requests of their own, but access to records any user has requested is completely free and public. If an affidavit is still necessary feel free to let me know, but I'll reiterate that there's no commercial end to this request, and Muckrock.com is a non-profit news organization.

Best,
Daniel Welch

From: Grogg, Tim (IDOA)

My review of the MudRuck website remains to appear to utilize the requested information for commercial purposes which is prohibited by Indiana Statute. If there is a more direct means to access similar records you have obtained please notify me and I will again attempt to search to assure a fee is not charged.

Please advise.

Kindest Regards,

Tim A. Grogg

General Counsel

Indiana Department of Administration

tigrogg@idoa.in.gov

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