1033 MOU and annual inventory form (New Hampshire State Police)
| Submitted | Aug. 18, 2014 |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to the New Hampshire "Access to Government Records and Meetings" Statute (RSA Ch. 91-A), 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 MSP by the state coordinator of the 1033 program
According to the DLA FAQ page regarding the 1033 program, yours is the agency in charge of coordinating the 1033 program for the state. 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
Please confirm whether the records request below was received as faxed on Tuesday.
For reference, the Ohio state coordinator released the attached inventory spreadsheet for equipment received via the 1033 program.
Please let me know if I can clarify this request further.
Best,
Shawn
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Ohio_1033_Property_08-18-2014_2.xlsx
From: Shawn Musgrave
Ms. Modigliani -
Please confirm whether the records request below was received as sent faxed to the New Hampshire State Police on Monday. Please let me know if I can further clarify the request at all.
Best,
Shawn
From: Shawn Musgrave
Captain Haynes:
New Hampshire's public records statute clearly requires a response to requests within 5 business days of receipt. This request was submitted by fax on Monday, May 18, and by email to you personally twice since, without reply. Please confirm receipt immediately and advise whether any clarification is required in order for the New Hampshire State Police to comply with its transparency obligations.
Respectfully,
Shawn
From: Modigliani, Marta
Good Morning Mr. Musgrave:
This email is in response to your Right to Know request addressed to New Hampshire State Police, Investigative Services and faxed to the Department of Safety on August 18, 2014. Your request is for "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 [and] - The annual inventory form required to be completed by MSP by the state coordinator of the 1033 program".
This office is in the process of researching your request and upon receipt of any government records, will conduct an analysis as to what information is properly subject to disclosure under the Right to Know Law. I expect it to take at least seven (7) business days from today's date to make this determination. Of course if I am able to complete it earlier, I will advise you accordingly.
Regards,
Marta A. Modigliani, Esq.
Legal Counsel
Office of the Commissioner
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
From: Shawn Musgrave
Ms. Modigliani -
Thank you for confirming receipt. In case it did not get to you, I've attached for reference the state inventory spreadsheet as released by the Ohio 1033 state coordinator. Please let me know if I can provide any clarification.
Best,
Shawn
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Ohio_1033_Property_08-18-2014_2.xlsx
From: Shawn Musgrave
Ms. Modigliani -
Checking on this. Please advise as to the status of this request.
-Shawn
From: Modigliani, Marta
Good Afternoon Mr. Musgrave:
I have identified 15 pages responsive to your request for "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".
With regard to your second request, although I have seen the spreadsheet you have provided me it does not assist me in understanding what you are asking for specifically. I am unaware of an "annual inventory form" and I do not understand what the reference to "MSP" is to. However, I would be happy to discuss this further with you if you wish.
Production cost is $1 per page, or $15.00 total. Upon receipt of a check in the amount of $15.00, I will be happy to release the documents to you. Please make the check payable to “Treasurer, State of New Hampshire” and remit to my attention. In the alternative, if you would like to arrange a mutually agreeable time to inspect the documents, please contact me to do so.
Regards,
Marta Modigliani, Esq.
Legal Counsel
Office of the Commissioner
(603) 271-2791
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
From: Shawn Musgrave
Ms. Modigliani -
Thank you for getting back to me. With regard to the inventory spreadsheet, responses received from 27 other state coordinators, indicate that most coordinators maintain (or at least have downloaded) a spreadsheet of all equipment received by state and local law enforcement agencies via the 1033 program. Many states' spreadsheets have been titled "State Property Book" or something similar.
I have cc'd Captain Haynes, who is listed on the DLA website as the POC for 1033 in New Hampshire, in case he can confirm whether such a spreadsheet exists for New Hampshire. For reference, I have also included spreadsheets from 3 other states.
Please let me know if I can provide any additional clarification. Given the considerable time that has passed on this request, I would appreciate prompt confirmation that the above information has been received.
Best,
Shawn
From: Modigliani, Marta
Good Afternoon,
Thank you for the clarification. I believe I can get you a response by end of week if not sooner.
Regards,
Marta Modigliani
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
From: Shawn Musgrave
Ms. Modigliani -
Checking in, as I did not receive any update last week.
Best,
Shawn
From: Shawn Musgrave
Ms. Modigliani -
Checking in again. Please advise as to the status of this request.
Best,
Shawn
From: Modigliani, Marta
Hi,
I am sorry I didn’t see this earlier. It was caught in my spam folder. So the State Property Book is an additional 10 pages, for a total of 25 (including the MOU that you requested). Please send me a check for $25.00, made out to “Treasurer-State of New Hampshire” and I will release the records to you.
I have redacted the serial numbers of the weapons on the spreadsheet.
Many thanks.
Regards,
Marta Modigliani, Esq.
Office of the Commissioner
NH Department of Safety
33 Hazen Drive
Concord, NH 03305
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
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~WRD000
From: Shawn Musgrave
Ms. Modigliani -
We will send the check by mail right now. Would it be possible to get the inventory spreadsheet in electronic copy?
Thank you again for your help with this request.
-Shawn
From: Shawn Musgrave
To Whom It May Concern:
Please find enclosed a check for $25 to satisfy the attached request for records related to the 1033 program.
Thank you very much for your help.
From: Modigliani, Marta
Good Morning,
Again, this email was caught in my spam folder. ….Yes. That would be fine. Once I get your check I will email you the files.
Regards,
Marta
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
From: Modigliani, Marta
Good Morning:
I am in receipt of your check #326 in the amount of $25.00. Attached are the two documents you requested.
Regards,
Marta Modigliani, Esq.
Office of the Commissioner
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
From: Shawn Musgrave
Ms. Modigliani -
Thank you for sending these documents, and for confirming receipt of the check.
The majority of states have released the property book as an Excel file — does NHSP have a copy in spreadsheet format?
Thank you again for your assistance.
Best,
Shawn
From: Shawn Musgrave
Ms. Modigliani -
Checking on this again — is there an Excel version of the property book document? If so, please send.
Best,
Shawn
From: Shawn Musgrave
Ms. Modigliani -
Checking on the Excel version. In case this goes into spam, I'll also send from another email address.
Thank you again for your help!
Best,
Shawn
From: Shawn Musgrave
Ms. Modigliani -
Checking on this again — is there a digital copy of the spreadsheet you've provided?
Best,
Shawn
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: Modigliani, Marta
Good Evening,
The State’s Right to Know law does not require an agency to compile data in the format requested, or to create a new document in order to respond to a request. See RSA 91-A:4, VII. In order to provide you the spreadsheet in Excel with the information redacted, I would have to create a new document. I regret that I am unable to assist you further.
Regards,
Marta Modigliani, Esq.
Legal Counsel
NH Department of Safety
This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.
From: Shawn Musgrave
Ms. Modigliani -
Respectfully, I am asking for an electronic copy of this spreadsheet, which more than 30 other states have provided, in the interest of accountability and accurate analysis of New Hampshire's 1033 data.
The printout you provided clearly comes from the State Property Book .xls file — I am not asking you to create a new file, but to send it to me in the original format. From my review, you've only made redactions in the "Serial Number" field. I would be willing to receive an Excel copy of the file you sent with the "Serial Number" column deleted in its entirety, so that your review and redaction would take less than a minute.
Again, I thank you for your commitment to transparency. Please let me know if I can provide any further clarification of what I am asking, or make this any easier to accommodate.
Best,
Shawn Musgrave
MuckRock
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