Memos/policy regarding releasing 1033 inventory

Shawn Musgrave filed this request with the Office of the Attorney General, Department of Law and Public Safety of New Jersey.

It is a clone of this request.

Tracking # W101895
Est. Completion None
Status
No Responsive Documents

Communications

From: Shawn Musgrave

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 this request is not being made for commercial purposes.

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.

Sincerely,

Shawn Musgrave

From: Records OAG

Bruce J. Solomon
Deputy Attorney General
L&PS Custodian of Records
State of New Jersey
Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-6112
Fax: (609) 984-5949
bruce.solomon@lps.state.nj.us

CONFIDENTIALITY NOTICE

The information contained in this communication from the
Office of the New Jersey Attorney General 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 Office of the Attorney
General at (609) 292-4925 to arrange for the return of this information.

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