1033 MOU and annual inventory form (Michigan National Guard)

Shawn Musgrave filed this request with the Department of Military and Veterans Affairs of Michigan.
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to Michigan's Freedom of Information Act ("FOIA") and the federal 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, the Michigan National Guard is the agency in charge of coordinating the 1033 program for Michigan. 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 5 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Shawn Musgrave

Hello,

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

Best,
Shawn

From: Eichler, Jason R MAJ USARMY NG MIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

This request was received 18AUG14 and is being processed.

V/R

JASON R. EICHLER
MAJ, LG MIARNG
272 RSG S4
Supply Management Specialist

DCSLOG POC for:
Mobilizing Units
Defense Support of Civil Authorities (DSCA)
Michigan 1033 Program State Coordinator

O: 517-481-7769
C: 989-948-7590
F: 517-481-7955

NIPR: jason.r.eichler.mil@mail.mil
SIPR: jason.r.eichler.mil@mail.smil.mil

From: Shawn Musgrave

Thank you for confirming -- please let me know if I can provide any further clarification. For reference, I've attached the inventory spreadsheet released by the Ohio 1033 state coordinator.

Best,
Shawn

From: Shawn Musgrave

Hello,

Checking on this request, which was submitted on August 18. Per Michigan law, an agency has 5 business days to respond to a request. Note that several other state coordinators have released their inventory spreadsheets without delay or redaction.

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

Best,
Shawn

From: Eichler, Jason R MAJ USARMY NG MIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Shawn,

I work for the Federal government not the State. I have a different process that I need to follow which includes having the data go through a legal review. The program is in the process of being placed into the State's manning. Also the release of LEA inventory is a violation of tactical security. LESO is releasing inventories by state and county to a website which will not violate the security requirements. LESO's Public Affairs department is handling the release of that information.

V/R

JASON R. EICHLER
MAJ, LG MIARNG
272 RSG S4
Supply Management Specialist

DCSLOG POC for:
Mobilizing Units
Defense Support of Civil Authorities (DSCA)
Michigan 1033 Program State Coordinator

O: 517-481-7769
C: 989-948-7590
F: 517-481-7955

NIPR: jason.r.eichler.mil@mail.mil
SIPR: jason.r.eichler.mil@mail.smil.mil

From: Shawn Musgrave

Major Eichler -

Do you have a counterpart at the state level in Michigan? It is my understanding of the 1033 program that it transfers equipment from the federal government to state and local law enforcement, and that the state coordinator in each state is appointed by the governor to serve in this capacity. It is also my understanding that the state coordinator signs an MOA on behalf of the represented state with the Defense Logistics Agency. Given that the 1033 state coordinator role is fundamentally a state government function, the controlling law for the documents I seek is the Michigan public records law, rather than the FOIA. The federal government certainly has a copy of the document/data I seek, but so does each of the states individually.

If I have misinterpreted any of the above, please correct me. If you are not the appropriate individual to process a request for 1033 records as held by the state of Michigan, please advise where I ought to direct this request.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Major Eichler -

Please provide an update on this request, particularly the matter of your possible state counterpart.

Best,
Shawn

From: Eichler, Jason R MAJ USARMY NG MIARNG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Shawn,

The files are being reviewed by the lawyers. We are not required to give tactical data which needs to be scrubbed from the files in order to avoid compromising current investigations. DLA LESO has sanitized the inventory. The lawyers are reviewing the file before it goes out.

I am the only person handling the 1033 Program at the state level until the position comes back from the State Budgeting Office and can be posted for hire. This was caused by the language in the new MOA between DLA and the State of Michigan. This is also an extra duty for me and I have other responsibilities that are higher in my priority list that need to be accomplished. I am not ignoring your request. I apologize for the delay.

V/R

JASON R. EICHLER
MAJ, LG MIARNG
272 RSG S4
Supply Management Specialist

DCSLOG POC for:
Mobilizing Units
Defense Support of Civil Authorities (DSCA)
Michigan 1033 Program State Coordinator

O: 517-481-7769
C: 989-948-7590
F: 517-481-7955

NIPR: jason.r.eichler.mil@mail.mil
SIPR: jason.r.eichler.mil@mail.smil.mil

From: Enderle, Kathy (DMVA)

Please see the attached in response to your request.
Thanks

Kathy A. Enderle
Department of Military & Veterans Affairs
State Operations
517-481-7646
517-481-7782(fax)

From: Shawn Musgrave

Ms. Enderle -

Thank you for sending the MOA and partial 1033 inventory spreadsheet. Please confirm whether your department will be fulfilling my request for the full inventory spreadsheet including agency name for all transfers via the 1033 program to Michigan state and local law enforcement agencies.

More than 25 state coordinators of the 1033 state program have released their spreadsheets in full for all agencies under their purview. Please advise whether Michigan will do the same. If this is not the case, please advise as to the appropriate appeals authority so that I may begin the appeals process right away.

Respectfully,

Shawn Musgrave
MuckRock

From: Enderle, Kathy (DMVA)

Please see the attached response.
Thanks

Kathy A. Enderle
Department of Military & Veterans Affairs
State Operations
517-481-7646
517-481-7782 (fax)

From: Shawn Musgrave

Attorney General
525 W. Ottawa
PO Box 30212
Lansing, MI 48909

September 18, 2014

To Whom It May Concern:

This is an appeal of the rejection of the request below under the Michigan FOIA.

In the attached denial of an "additional breakdown" of the 1033 inventory spreadsheet, the Department of Military and Veteran Affairs merely invoke MCL 15.243(b)(i) without explaining how the exemption applies to the requested document.

As of this writing, a total of 32 states have released an unredacted, agency-by-agency spreadsheet indicating which state and local law enforcement have received military equipment transfers via the 1033 program. It is my understanding that compiling, maintaining or at the very least reviewing such an inventory spreadsheet is part of the responsibility of the 1033 state coordinator. Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment, rather than the county-level data that the Department of Military and Veteran Affairs has provided.

Furthermore, the exemption cited pertains to "Investigating records compiled for law enforcement purposes" and not administrative records as I have requested. Virtually all states have exemptions for investigating law enforcement records — 32 states have determined the requested spreadsheet not to fall into this category, based on the clear character of the request. I have not requested an investigative file or even any document pertaining to a particular investigation. Rather, the requested records pertain to administrative matters. As such, the cited exemption does not apply.

I urge Michigan to join the growing majority of states in releasing unredacted data regarding the 1033 program. Please let me know if I can provide any further clarification or additional information regarding my request.

Best,

Shawn Musgrave
MuckRock

From: Shawn Musgrave

Attorney General
525 W. Ottawa
PO Box 30212
Lansing, MI 48909

October 2, 2014

To Whom It May Concern:

As of this writing I have received no confirmation of receipt for the appeal below. To date, a total of 35 states have released the requested information:

Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Maryland
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Mexico
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
Tennessee
Texas
Utah
Vermont
Washington
Wisconsin

Please confirm receipt immediately by email, and indicate if further information is required to appeal this denial of records.

Respectfully,

Shawn Musgrave
MuckRock

From: Department of Military and Veterans Affairs

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

From: Shawn Musgrave

Hello,

The Michigan FOIA appeal below has been mailed twice to the Attorney General at the address indicated without reply. Please advise as to whether it has been received, and when I can expect a response. Please also let me know if I ought to direct my appeal to another individual or office.

Respectfully,

Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

The Michigan FOIA appeal below has been mailed twice and emailed once to the Attorney General's office without reply. Please advise as to whether it has been received, or if I ought to submit it to another individual or office.

Best,
Shawn Musgrave
MuckRock

From: AG-FOIA

Dear Mr. Musgrave,

Please see the attached notice issued by the Department in response to your FOIA request.

Sincerely,

Aimee Nelson
Charitable Trust Analyst/FOIA Coordinator
Consumer Protection Division
Michigan Department of Attorney General
Main: (517) 373-1152
Direct: (517) 335-0854
nelsona9@michigan.gov<mailto:nelsona9@michigan.gov>

From: Shawn Musgrave

Hello,

To be clear, my Sept 18 letter was an appeal of a FOIA denial by the Department of Military and Veterans Affairs, and not a request for records from the Attorney General itself.

Furthermore, the DMVA denial (attached) did not indicate that no such records were available, but denied them based on a spurious interpretation of the Michigan FOIA statute.

I have copied my appeal as sent on September 18. Please confirm receipt immediately and address the points therein.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Please advise — there has not been any substantive response to this FOIA appeal since it was submitted more than a month ago. I respectfully insist on a response.

Best,
Shawn Musgrave
MuckRock

From: AG-FOIA

Mr. Musgrave,

If you are appealing a denial of a FOIA that you submitted to the Department of Military and Veterans Affairs, you would need to submit that appeal in writing directly to the DMVA. Our office does not handle FOIA appeals for requests that were submitted to other state agencies.

For your reference, the following is information listed on the Department of Military and Veterans Affair’s website in regards to submitting a FOIA request:

If you are seeking Michigan Department of Military and Veterans Affairs information under the Freedom of Information Act you must provide a signed letter indicating the specific records you are seeking. The letter, containing your signature, can be mailed, faxed, or scanned and sent as an e-mail attachment.
SEND TO:
Department of Military and Veterans Affairs
Attention: State Operations
3423 N. Martin Luther King Jr. Blvd.
Lansing, MI 48906
-or-
FAX: 517-481-7644
-or-
Email - enderlek@michigan.gov<mailto:enderlek@michigan.gov>

If you are seeking Michigan National Guard (Army or Air) information under the Freedom of Information Act you must provide a signed letter indicating the specific records you are seeking. The letter, containing your signature, can be mailed, faxed, or scanned and sent as an e-mail attachment.
SEND TO:
Michigan National Guard
Attention: JAG
3411 N. Martin Luther King Jr. Blvd.
Lansing, MI 48906
-or-
FAX: 517-481-8102
-or-
Email - steven.a.schultz.mil@mail.mil<mailto:steven.a.schultz.mil@mail.mil>

From: Shawn Musgrave

Ms. Nelson,

You indicated in October that I ought to appeal this adverse FOIA determination to the Attorney General. I did so (see below for correspondence with the Attorney General's office), but that office indicated that I ought to appeal to the Department of Military and Veterans Affairs itself.

I respectfully ask that you clarify this matter immediately — it has now been more than a month since your office rejected my request in its entirety, and I have not moved any closer to final resolution of my request. Please clearly indicate the appropriate office and/or individual to consider my appeal for this request, in keeping with your obligations under the Michigan FOIA.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Apologies, I meant to include the attached letter you included, signed by CFO Alfred Christian, in your last email.

Best,
Shawn Musgrave
MuckRock

From: Nelson, Aimee (AG)

We originally treated your September 18th letter as a FOIA request to our office, which we denied because we did not have any responsive records. In response to our denial notice, you stated:

To be clear, my Sept 18 letter was an appeal of a FOIA denial by the Department of Military and Veterans Affairs,

and not a request for records from the Attorney General itself. Furthermore, the DMVA denial (attached) did not indicate

that no such records were available, but denied them based on a spurious interpretation of the Michigan FOIA statute.

I have copied my appeal as sent on September 18. Please confirm receipt immediately and address the points therein.

Since your September letter was not a FOIA request to our office, but rather an appeal of a denial FOIA request from the Department of Military and Veterans Affairs, you would need to appeal the denial to them. We included standard appeal language in our denial of your request, but since your intention in September was to appeal DMVA’s FOIA denial and not initiate a new FOIA request with our office, they are the appropriate public body to appeal to.

Aimee Nelson
Charitable Trust Analyst/FOIA Coordinator
Consumer Protection Division
Michigan Department of Attorney General
Main: (517) 373-1152
Direct: (517) 335-0854
nelsona9@michigan.gov<mailto:nelsona9@michigan.gov>

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

Department of Military and Veterans Affairs
Attention: State Operations
3423 N. Martin Luther King Jr. Blvd.
Lansing, MI 48906

December 2, 2014

To Whom It May Concern:

This is an appeal of the rejection of the request below under the Michigan FOIA. As directed in the attached denial letter, I had originally appealed this determination to the Michigan Attorney General, which subsequently indicated that my appeal ought to be directed to the Department of Military and Veteran Affairs.

In the attached denial of an "additional breakdown" of the 1033 inventory spreadsheet, the Department of Military and Veteran Affairs merely invoke MCL 15.243(b)(i) without explaining how the exemption applies to the requested document. This is not only inadequate to fulfill the department's legal obligations, but is also contrary to the spirit of transparency and public accountability that motivates Michigan's Freedom of Information Act.

As of this writing, a total of 38 states have released unredacted, agency-by-agency data indicating which state and local law enforcement have received military equipment transfers via the 1033 program. It is my understanding that compiling, maintaining or at the very least reviewing such an inventory spreadsheet is part of the responsibility of the 1033 state coordinator. Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment, rather than the county-level data that the Department of Military and Veteran Affairs has provided.

Furthermore, the exemption cited pertains to "Investigating records compiled for law enforcement purposes" and not administrative records as I have requested. Virtually all states have exemptions for investigating law enforcement records — 38 states have determined the requested information not to fall into this category, based on the clear character of the request. I have not requested an investigative file or even any document pertaining to a particular investigation. Rather, the requested records pertain to administrative matters. As such, the cited exemption does not apply.

I urge Michigan to join the growing majority of states in releasing unredacted data regarding the 1033 program. Please let me know if I can provide any further clarification or additional information regarding my request.

Best,

Shawn Musgrave
MuckRock

From: MuckRock

To Whom It May Concern:

Please find attached an appeal of the rejection of the public records request included below, as well as associated communications. Another copy has also been mailed to the Department of Military and Veterans Affairs.

Thank you for your time.

From: Enderle, Kathy (DMVA)

Mr. Musgrave,

I received your appeal request and went through the documents you sent. Could you please send me an example of what it is you are looking for? You previously sent Maj. Eichler a copy of something from Ohio. Before we make a final determination on this appeal I would like to see exactly what it is you are looking for because I believe we have already provided you with everything we can.

Thank you in advance.

Kathy

From: Nelson, Aimee (AG)

Mr. Musgrave,

As I indicated in my previous correspondence, since you are looking to appeal a denial of a FOIA request sent to the Michigan Department of Military and Veterans Affairs, you would need to contact them directly to appeal or get a status on your FOIA request.

Aimee Nelson
Charitable Trust Analyst/FOIA Coordinator
Consumer Protection Division
Michigan Department of Attorney General
Main: (517) 373-1152
Direct: (517) 335-0854
nelsona9@michigan.gov<mailto:nelsona9@michigan.gov>

From: Department of Military and Veterans Affairs

A copy of documents responsive to the request.

From: Department of Military and Veterans Affairs

A cover letter granting the request and outlining any exempted materials, if any.

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