1033 MOU and annual inventory form (Louisiana - LFPAA)

Shawn Musgrave filed this request with the Division of Administration, Lousiana Federal Property Assistance Agency of Louisiana.
Est. Completion None
Status
Partially Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the the Louisiana Public Records 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, the Louisiana Federal Property Assistance Agency is the agency in charge of coordinating the 1033 program for Louisiana. 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 3 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Shawn Musgrave

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

From: Shawn Musgrave

Hello,

Please confirm whether this request for records has been received and is being processed. Please let me know if I can provide any further clarification regarding the records I have requested.

Best,
Shawn

From: DOAPUBLICRECORDS

Mr. Musgrave,

Your public records request, dated August 18, 2014, was received by the Division of Administration. We are conducting a search for records. Once the search is finished, the records will be reviewed for privileges and exemptions. We will contact you as soon as the review is completed.

Public Records Requests
Division of Administration
State of Louisiana
Email: doapublicrecords@la.gov<mailto:doapublicrecords@la.gov>

From: Shawn Musgrave

Hello,

Please provide an estimated date of completion, as the statutory window of 3 business days has passed. Several other states have released their inventory spreadsheets without redaction or delay. For reference, I've included the inventory spreadsheet as released by the Ohio 1033 coordinator.

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

Best,
Shawn

From: DOAPUBLICRECORDS

Mr. Musgrave,

Pursuant to your public records request, we are still searching for records and reviewing them for exemptions and privileges. Once finished with the review process, all non-exempt records will be made available to you. It is estimated the records will be available on or before September 2, 2014.

Public Records Requests
Division of Administration
State of Louisiana
Email: doapublicrecords@la.gov<mailto:doapublicrecords@la.gov>

From: DOAPUBLICRECORDS

Mr. Musgrave,

Pursuant to your public records request, the Division of Administration has located responsive records on the 1033 Program. The records consist of approximately 20,000 pages of paper files. The Defense Logistics Agency and the university law enforcement agencies may have additional records. Contact their custodian of records to review those records.

You may inspect the records at our office, pick up copies from our office, or have copies shipped to you via the Post Office or FedEx. Please select one of the following options, or contact me to make alternate arrangements.

To inspect the records at our office, contact us to schedule a date and time. You may obtain copies after your inspection.

If you would like to pick up copies from our office, contact us to schedule a time. We will send you an invoice for copying costs, but the estimated copying cost for all records is $5,000. Please bring your payment when you come to pick up the records.

If you prefer to receive copies via the Post Office, we will obtain the shipping cost and include it in the invoice with copying costs. The records will be shipped once payment is received.

If you choose to receive copies via FedEx, send your FedEx account number. We will send you an invoice for the copying costs. Unless otherwise requested, the records will be shipped standard overnight.

Public Records Requests

Division of Administration

State of Louisiana

Email: doapublicrecords@la.gov<mailto:doapublicrecords@la.gov>

From: Shawn Musgrave

Hello,

Thank you for your response. To clarify, this is a request for two particular records, both of which ought to be available in electronic format:

1) The first is the inventory spreadsheet of equipment received by Louisiana law enforcement agencies via the 1033 program. More than 20 states have released nearly identical spreadsheets, many of which are named "State Property Book" or something similar, without redaction or extensive review. I have attached three such spreadsheets here for reference.

2) The MOA signed between the state of Louisiana and the Defense Logistics Agency that outlines the conditions of participation in the 1033 program.

Please let me know if this provides adequate clarification for moving forward with this request without the need for extensive photocopying or review.

Best,

Shawn Musgrave
MuckRock

From: DOAPUBLICRECORDS

The Commissioner of Administration is not the proper custodian of records for the FEPMIS database. This system is owned and maintained by the United States Defense Logistics Agency (DLA). If you wish to review records of the DLA, you must submit a Freedom of Information Act request to DLA.

The Division of Administration does maintain paper files which contain much of the information you are seeking. However, these files are archival and not continuously updated. You may inspect or receive copies of these files as stated below. This includes the MOA between the State of Louisiana and the DLA.

Public Records Requests
Division of Administration
State of Louisiana
Email: doapublicrecords@la.gov

From: Shawn Musgrave

Respectfully, I have reviewed the MOA signed between the several other states and the Defense Logistics Agency. This MOA requires each 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 the LFPAA would fulfill its obligations as the 1033 coordinator without compiling, downloading and/or otherwise reviewing one inventory of all equipment received by Louisiana 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 LFPAA records or another per its obligations as the 1033 coordinator.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Checking on the below.

-Shawn

From: DOAPUBLICRECORDS

Section VI(C)(3) of the MOA you cite only requires the property be validated and certified in FEPMIS. As stated below, if you wish to review DLA's FEPMIS database, submit a request to the DLA.

The 1033 Program records in the custody of the Division of Administration are available for your inspection and/or copying. See email below for options on receiving these records.

From: Shawn Musgrave

Correct, but more than 25 states have provided copies of the property book downloaded as part of conducting such certification. Please confirm that no such inventory spreadsheet exists within LFPAA.

Furthermore, please advise as to whether the remaining 1033 records noted are available in electronic rather than in physical copy.

Best,
Shawn

From: DOAPUBLICRECORDS

The only electronic records are contained in the FEPMIS database. As previously stated, the records LFPAA maintains consist of approximately 20,000 pages of paper files.

From: Shawn Musgrave

Respectfully, that contradicts the response from almost every other state. Again, more than 25 state coordinators of the 1033 program have provided copies of nearly identical inventory spreadsheets used to certify inventory of equipment received by state and local law enforcement within the state.

I would ask you to confirm with the POCs for 1033 within DOA (cc'd here, as listed on the DLA website) that none of the individuals responsible for certifying inventory either downloaded or compiled such an inventory spreadsheet in the course of fulfilling MOA obligations. If any such spreadsheet was downloaded or compiled, this request covers that spreadsheet.

Respectfully,

Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Checking on this once again. Just today, the California Office of Emergency Services released its inventory spreadsheet (attached). Please confirm whether LFPAA will do the same for Louisiana.

Respectfully,

Shawn Musgrave

From: Shawn Musgrave

Hello,

I am checking in once again to see whether LFPAA will honor its obligation to transparency and open records by providing a copy of the 1033 inventory spreadsheet. Just today, Kentucky became the 32nd state to provide a full accounting of equipment received via the 1033 program.

Please advise as to whether Louisiana will follow suit.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Checking on this once again.

Best,
Shawn

From: Shawn Musgrave

Checking in on this once again. Your cost estimate seems calculated to discourage transparency rather than to cover a legitimate administrative cost. Please consider revising it as a step toward greater accountability of the 1033 program.

Respectfully,

Shawn

From: Shawn Musgrave

Checking in on this once again. A total of 35 states now have released their 1033 equipment inventories in digital formats, the vast majority of them for no charge whatsoever. None has quoted an estimate anywhere near as high as your office has.

Please advise.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Checking on this still again -- today Hawaii became the 36th state to release its agency-by-agency inventory of equipment received via the 1033 program.

I urge Louisiana to do the same. Please advise as to the justification for this incredibly high fee for records, as well as clarify how no electronic copies of these documents are available at more reasonable rates.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Please confirm whether LFPAA will provide this basic documentation regarding the 1033 program as requested. Again, a total of 36 states have provided this data without any of the incredible fees which you have estimated.

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: Shawn Musgrave

Mr. Lawson, Mr. Babin and Mr. Gill -

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 Louisiana to follow suit and help facilitate the productive dialogue around the 1033 program and its future that is only possible by evaluating the program's operation in detail.

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

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.

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