1033 MOU and annual inventory form (North Carolina Department of Public Safety)
| Submitted | Aug. 18, 2014 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to North Carolina Public Records Law (G.S. §§ 132-1 through 132-10), I hereby request the following documents:
-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 would request your response within ten (10) business days.
Sincerely,
Shawn Musgrave
From: Walker, Pamela
Shawn,
Jeff Gordon has forwarded your request to me. We will respond as soon as we are able.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov
www.ncdps.gov
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Thank you for your response. In case I wasn't clear, this is a request for the MOA as well as the inventory of equipment received by North Carolina law enforcement agencies, such as the spreadsheet released by the Ohio state coordinator (attached).
Best,
Shawn
-
Ohio_1033_Property_08-18-2014_2.xlsx
From: Shawn Musgrave
Ms. Walker -
Checking in to see whether I can provide any further clarification on this request.
Thank you again for your help.
Best,
Shawn
From: Walker, Pamela
No clarification needed. You are just one of many requestors and we are working on it. Thank you for your patience. Pam
Sent from my iPad
>
________________________________
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Ms. Walker -
Understood -- thank you for your help! In case the MOA is proving harder to track down than the inventory spreadsheet, I'm much more interested in the spreadsheet. I'd be willing to drop that portion of the request if it makes things easier for you.
Best,
Shawn
From: Shawn Musgrave
Ms. Walker -
Hope you've been well. I was wondering whether you have a rough idea of when this request will be completed?
Best,
Shawn
From: Walker, Pamela
Hopefully by tomorrow.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov
www.ncdps.gov
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Walker, Pamela
You are receiving this e-mail because you requested North Carolina's inventory list for the above subject. Following is a link to the inventory spreadsheet that is considered public information.
http://www.ncdps.gov/index2.cfm?a=000003,000012,000308
The program is designed to provide much needed items to law enforcement agencies (LEAs) to assist them in carrying out their public safety missions more effectively. It is a critical service that assists LEAs in ensuring that they are adequately equipped to respond to any dangerous situation, as well as carry out day-to-day law enforcement functions without overburdening already tight budgets.
It is hoped that this information is helpful.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov<mailto:pamela.walker@ncdps.gov>
www.ncdps.gov<http://www.ncdps.gov/>
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Ms. Walker -
Thank you for sending the link below. Please confirm whether NCDPS is continuing to process my request for the full inventory spreadsheet of equipment issued via the 1033 program to law enforcement agencies in North Carolina, including the specific agency to which each equipment transfer was sent. The spreadsheets linked below do not include full agency information for all equipment transfers.
Again, 25 states now have released their 1033 inventory spreadsheets in full without delay or redaction. Please advise whether NCDPS will do the same, and when I can expect to receive these documents.
Respectfully,
Shawn
From: Walker, Pamela
Shawn,
There are certain items such as weapons that are considered "tactical." The department feels that "tactical" items are not public per North Carolina General Statute 132-1.7. I have provided a link to the list with information considered public.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov
www.ncdps.gov
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Ms. Walker -
Please advise as to procedure to appeal this determination. Again, more than 20 states now have released data down to the individual agency level for all equipment.
Here is the list of states that have done released their full inventory spreadsheets without redaction to date:
Arkansas
Arizona
Colorado
Connecticut
Florida
Georgia
Iowa
Indiana
Kansas
Maryland
Massachusetts
Minnesota
Missouri
Mississippi
Montana
North Dakota
Nebraska
Nevada
Ohio
Oklahoma
Oregon
Tennessee
Texas
Utah
Washington
West Virginia
I would urge NCDPS to join the states above in promoting transparency surrounding the 1033 program. If you are unable to do so at this time, please advise as to the appropriate office to contact to appeal this determination in accordance with North Carolina law.
Respectfully,
Shawn
From: Shawn Musgrave
Ms. Walker -
Checking once again on the below. Please advise.
Best,
Shawn
From: Walker, Pamela
Shawn,
I am discussing with leadership again and will get back to you.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov
www.ncdps.gov
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Pamela -
I appreciate it. Please let me know if I can provide any further clarification or information.
Best,
Shawn
From: Walker, Pamela
Tyler:
Respectfully, NCDPS will not be providing any agency specific information on the "tactical" list. It is not considered public per state law (132-1.7.)
I'm sure you can understand that providing that information would be providing a lot of information to people who would use it to the detriment of our law enforcement professionals and potentially the public. Simply put, it would be like providing criminals a blueprint on how to harm law enforcement or get around their security tactics when trying to prevent crime and/or a serious event.
Below are just a few examples of serious real life incidents to consider where public safety professionals were shockingly under-equipped to respond:
The North Hollywood Shootout – inspired the film “44 Minutes: The North Hollywood Shootout”
The police were only equipped with standard issue pistols and shotguns that were ineffective in penetrating the body armor of the robbers. Here is a reported inventory of the weapons used by the bank robbers:
· An AR-15 converted to fire automatically with two 100-round Beta Magazines
· A semi automatic HK-91 rifle with several 20-round magazines
· A Beretta 92FS Inox with several magazines
· Three different civilian-model AK-47 rifles converted to fire in fully automatic mode with several 75 to 100-round drum magazines, as well as 30 round box magazines.
Norco Bank Robbery 1980
http://en.wikipedia.org/wiki/Norco_shootout
Miami FBI shootout
http://en.wikipedia.org/wiki/1986_FBI_Miami_shootout
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov
www.ncdps.gov
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Ms. Walker -
Please advise as to the appeals authority for this determination.
Thank you,
Shawn
From: Walker, Pamela
Shawn,
I have taken your request to the top management in the agency. They stand by the decision.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov
www.ncdps.gov
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Ms. Walker -
That I understand. Please advise as to whether there is any appeal process by which I may make my case regarding your determination.
Just today, Kentucky became the 32nd state to release an unredacted spreadsheet that accounts for which particular police department received which particular equipment via the 1033 program (attached). I urge North Carolina to follow suit.
Please advise as to whether this request might move forward short of legal action.
Respectfully,
Shawn Musgrave
-
1033_KY_Property_Book.xlsx
From: Shawn Musgrave
Ms. Walker -
Checking on this again -- please let me know which individual or office I ought to contact to appeal your rejection of my request for 1033 data.
Respectfully,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Ms. Walker -
Please provide the appeals authority contact information.
-Shawn
From: Shawn Musgrave
Ms. Walker -
I respectfully insist on a response regarding the individual with authority to review your rejection of this request. As of today, 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
Respectfully,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Ms. Walker -
I am checking on this once again. Please provide contact information for the individual with authority to review your determination.
Respectfully,
Shawn Musgrave
MuckRock
From: Walker, Pamela
Shawn,
Respectfully, I am at a loss of what else I can assist you with on this matter. I have provided to you the decision by Department of Public Safety leadership. They stand by that decision. If you wish to write to Secretary Perry, please do so.
Sincerely,
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov<mailto:pamela.walker@ncdps.gov>
www.ncdps.gov<http://www.ncdps.gov/>
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Ms. Walker and Mr. Tart -
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 North Carolina 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: Walker, Pamela
The department is in the process of seeking an Attorney General advisory opinion on the matter.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov<mailto:pamela.walker@ncdps.gov>
www.ncdps.gov<http://www.ncdps.gov/>
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
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: Walker, Pamela
The opinion request has been submitted and it is unknown when the department will get a response.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov<mailto:pamela.walker@ncdps.gov>
www.ncdps.gov<http://www.ncdps.gov/>
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
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: Walker, Pamela
Shawn,
The Department of Public Safety has received an advisory opinion letter from the North Carolina Attorney General's Office. In summary, the opinion acknowledges the department's concerns for potential security implications if the equipment inventories are disclosed, but considers the inventories public information.
The DPS Law Enforcement Services section aids law enforcement agencies in certifying information that is kept in the Defense Logistics Agency’s Law Enforcement Services Office (LESO) database. The official inventories for North Carolina and all participating states are available on the Defense Logistics Agency – Disposition Services webpage.
Sincerely,
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov<mailto:pamela.walker@ncdps.gov>
www.ncdps.gov<http://www.ncdps.gov/>
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
From: Shawn Musgrave
Ms. Walker -
Thank you for the update — I'll be sure to download the data from the DLA website.
Would it be possible to get a copy of the Attorney General's advisory opinion that you mentioned?
Best,
Shawn
From: Walker, Pamela
The advisory opinion letter is attached.
Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare
Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov<mailto:pamela.walker@ncdps.gov>
www.ncdps.gov<http://www.ncdps.gov/>
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
Files
pages