|Submitted||Aug. 6, 2015|
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Submitted via online form.
To Whom It May Concern:
Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:
All memorandums, policy statements, directives, orders or other documents regarding the change in policy that took place in November 2014 that allowed the New Jersey State Police to release full inventories of tactical equipment distributed via the Defense Department's 1033 program.
This November 2014 policy change is a matter of public record.
In a May 2015 affidavit submitted as part of the New Jersey State Police response to GRC Complaint 2014-342 (see https://muckrock.s3.amazonaws.com/foia_files/GRC_2014-342_Exhibit_A_to_Item_12.pdf), Bruce Solomon — the Custodian of Records for the Office of the Attorney General (OAG) and the Custodian of Records for the Department of Law and Public Safety (L&PS) — indicated the following: "Since 2002 L&PS has taken, and still takes, the position that records that reveal the specific inventory and location of weapons and other tactical equipment held by State and local law enforcement agencies are confidential and are not subject to public access pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1, et seq.
In November 2014, a determination was made to release certain information related to the 1033 program which was not previously disclosed. Thereafter, in response to OPRA requests, L&PS provided access to the inventory list of tactical and non-tactical equipment provided to New Jersey's law enforcement agencies (municipal, county, state, or other agency) pursuant to the Department of Defense's 1033 program as of November 2014."
In the July 2015 final decision for GRC Complaint 2014-342 (see https://muckrock.s3.amazonaws.com/foia_files/2015/07/30/Musgrave_v._NJ_State_Police_2014-342_FD.pdf), the Government Records Council indicated the following: "Following a November 2014 change in policy, made subsequent to the Complainant’s OPRA request, the requested documents were ultimately disclosed, and no unlawful denial of access occurred."
This request comprises documents enshrining the above decision and change in policy.
The requested documents will be made available to the general public, and is submitted in my capacity as a journalist who has covered the Pentagon's 1033 program extensively.
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 7 business days, as the statute requires.
Please see the attached receipt reference your recent OPRA request.
CONFIDENTIALITY NOTICE The information contained in this communication from the Division of State Police is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Division of State Police at (609) 882-2000 to arrange for the return of this information.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #W100099.
Thank you for your help.