1033 Program Compliance Reviews (Ohio Department of Public Safety)
| Submitted | Aug. 2, 2016 |
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Communications
From: Daniel Welch
To Whom It May Concern:
Pursuant to the Ohio Open Records Law, I hereby request the following records:
Documents included in state Program Compliance Reviews for excess DOD personal property, typically including:
"(a) A review of each selected LEAs LESO Program Files.
(b) A review of the signed State Plan of Operation.
(c) A review of the LEA application and screener(s) letter.
(d) A physical inventory and/or approved custody card verification of LESO Program property at each selected LEA.
(e) A review of property accountability procedures to include the following criteria;
(1) The proper security and storage of assets. (Secure controlled area with limited access).
(2) Asset tracking and sign out procedures in place for LESO assets.
(3) Prior approval of any transfer of high visibility assets.
(4) Reporting of all lost, missing or stolen assets.
(5) Identification of all unused property
(f) A specific review of each selected LEAs files for the following: DD Form 1348-1A for each item currently on inventory, weapons documentation, transfer documents, turn-in documents, inventory adjustment documents, exception to policy letters (if any), approved cannibalization requests (if any) and other pertinent documentation as required."
-- (from "State Plan of Operation Between The State of Connecticut and the Connecticut Law Enforcement Agencies," Section VI - 'Program Compliance Reviews', § A)
For reference, I am attaching a PCR recieved from the State of Connecticut: https://d3gn0r3afghep.cloudfront.net/foia_files/2016/07/20/2016_FOIA_Responsive_Records_INRE_MuckRock_Request.pdf
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 there are fees, 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,
Daniel Welch
From: cbatzer@dps.ohio.gov
This message is for Daniel Welch
Sir,
I have your records request for information concerning the 1033 Program in the State of Ohio. I need to have a time frame that you are interested in to be able to collect the applicable records for you. You can respond to the email address below.
Craig
Craig Batzer
Ohio Law Enforcement Support Office
Ohio Department of Public Safety
1970 W. Broad St
Columbus, OH 43223
614-995-3789
614-466-5181 Fax
ohioleso@dps.ohio.gov<mailto:ohioleso@dps.ohio.gov> Email
ohioleso.ohio.gov Website
From: prcasey@dps.ohio.gov
Mr. Welch,
On August 2, 2016, the Ohio Department of Public Safety (DPS) received your request for records via MuckRock.com. Specifically you requested "[d]ocuments included in state Program Compliance Reviews for excess DOD personal property..."
The Department will provide you with any public records the state law allows under ORC §149.43, however, your request, as stated, is overly broad and therefore denied. Ohio law provides that a requester has a duty to identify the records sought with sufficient clarity. State ex rel. Dillery v. Icsman (2001), 92 Ohio St.3d 312, 314.
Fulfillment of your request would require our office to scrutinize and analyze every record, paper, and electronic file for any records containing information responsive to your request. As stated above, Ohio law does not obligate our office to conduct such extensive research, and therefore, your request fails to satisfy the requirements of Ohio public records law in that a request must be specific and particularly describe what is being sought from the public office. State ex rel. Zauderer v. Joseph (1989), 62 Ohio App.3d 752, at 756. A governmental office has no duty to "seek out and retrieve those records which would contain the information of interest to the requester." State ex rel. Fant v. Tober 1993 WL 173743 (Ohio App. 8 Dist.).
Please contact me at your earliest convenience if wish to discuss narrowing your request by implementing date parameters and other clarifying details.
P.R. Casey IV
Associate Legal Counsel
Ohio Department of Public Safety
1970 West Broad Street, Suite 531
Columbus, Ohio 43223
prcasey@dps.ohio.gov<mailto:prcasey@dps.ohio.gov>
main: (614) 466-7014
direct: (614) 728-9423
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From: Daniel Welch
Hello Counselor Casey,
Sorry for the delayed response, but would it help to narrow the time frame of the request down to the past ten years? That span of time has proven manageable to some of the other LESO's I've been working with. As to specificity, it might help me to know what in my request was vague enough to impede your search. If it helps, this response I received from Delaware's LESO has a good deal of the information I'm seeking, and I would hope your responsive documents more or less resemble it: https://d3gn0r3afghep.cloudfront.net/foia_files/2016/08/26/2015_LESO_PCR_2-27-15.pdf.
Please let me know if I can be of any further help here.
Thank you,
Daniel Welch
From: prcasey@dps.ohio.gov
Mr. Welch,
Thank you for contacting me regarding narrowing your original August 2, 2016 request for records, that I previously denied for being overly broad.
First, I appreciate you limiting your request to the past ten years. Second, it is also very helpful that you specified that the bulk of the information you seek is contained in the Ohio’s Program Compliance Review (PCR) from the Defense Logistics Agency.
Please find attached the PCRs Ohio has received from the Defense Logistics Agency for the last ten years. Should you need any other records please feel free to contact me.
P.R. Casey IV
Associate Legal Counsel
Ohio Department of Public Safety
1970 West Broad Street, Suite 531
Columbus, Ohio 43223
prcasey@dps.ohio.gov<mailto:prcasey@dps.ohio.gov>
main: (614) 466-7014
direct: (614) 728-9423
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