1033 MOU and annual inventory form (Maine - Sanford)
| Submitted | Aug. 18, 2014 |
| Est. Completion | None |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to the Maine Freedom of Access Act ("FOAA"), 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 the state coordinator of the 1033 program
According to the DLA FAQ page regarding the 1033 program, Sanford City Manager is the agency in charge of coordinating the 1033 program for Maine. See http://www.dispositionservices.dla.mil/leso/Pages/StateCoordinatorList.aspx
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by 1 M.R.S.A. § 408(6). 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 10 business days, as the statute requires.
Sincerely,
Shawn Musgrave
From: Shawn Musgrave
For reference, the Ohio state coordinator released the attached spreadsheet of 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
Hello,
Please confirm whether this request was been received and is being processed, or if I need to submit to another agency or office.
Best,
Shawn
From: Shawn Musgrave
Mr. Buck, Sgt. Wagner and Sgt. Vincent -
Please confirm whether this request has been received, and whether it is being processed. I would be happy to provide further clarification, if this is required, or to submit the request to another individual or office if necessary.
Best,
Shawn
From: Shawn Musgrave
Hello,
Checking on this once again. Per your obligations under Maine law, I respectfully insist on a confirmation that this request has been received and is being processed. Several other states have provided their 1033 documents without delay and quite expediently.
Best,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Checking on this once again. I will call this afternoon to attempt to confirm this request has been received and is being processed.
Respectfully,
Shawn
From: Shawn Musgrave
Mr. Buck -
I've left a voicemail for you with my cell phone number. Please confirm that this request is being processed.
Best,
Shawn
From: Steven R. Buck
Mr. Musgrave,
I have received your information request. Sanford only recently agreed to become the State coordinator of the LESO 1033 Program. The two deligates as identified in your communication are in training today and tomorrow. I have passed your request to them directly so that they can review your request eith training headquarters. Please expect a direct reply from Sgt. Wagner or Sgt. Vincent. Thank you
Steven R. Buck
City of Sanford
City Manager
919 Main Street
Sanford, Maine 04073-3589
Office 207 324 9172
Fax 207 324 9124
www.sanfordmaine.org
From: Shawn Musgrave
Mr. Buck,
Thank you for confirming receipt. Does your office have the requested MOA and inventory spreadsheet, or would the previous coordinator maintain these documents/data?
-Shawn
From: Steven R. Buck
My office does not have the requested FOA information. That is the reason the two new state coordinators have gone to training to learn how to access and manage the State's program. I have no knowledge of what the prior coordinator had/has for information. Sorry we are not able to immediately respond with information, but as stated we do not have the information at this time.
Steven R. Buck
City of Sanford
City Manager
919 Main Street
Sanford, Maine 04073-3589
Office 207 324 9172
Fax 207 324 9124
www.sanfordmaine.org
From: Shawn Musgrave
Mr. Buck -
Please provide an estimated date at which point the new 1033 administrators in Maine will be able to access this information.
Best,
Shawn
From: Shawn Musgrave
Mr. Buck -
Has there been any update as to the training and records access for Maine's 1033 program?
Respectfully,
Shawn
From: Jason T. Wagner
Sir or Madam,
This email is a general response to recent FOIA requests regarding the State of Maine 1033 Program. This initial response has been delayed because I have been away for training on the administration of this program. The City of Sanford took over as the program's coordinator and point of contact July 31st, 2014, less than one month ago. With this I do not have the answers to all the questions which have been posed. I have attached a screen shot of an excel document to this email which has been produced by a LESO employee. This is not something I can reproduce on request from my end. This attachment, called the Maine Dashboard Summary, gives a FY: 2014 (Federal FY) status for the state of Maine participating law enforcement agencies. This is a non-specific property listing of various types of acquired property. The data provided is accurate, but by non-specific I mean it does not describe the type of property by specific name or size. This document also does not give assignment locations.
Further questions regarding the 1033 program and LESO can be directed to the LESO Public Affairs office at (703) 767-5280.
~ WAGZ ~
SSgt. Jason Wagner
Sanford Police Department
(207) 324-9170 x 203
-
Dasboard ME 2014 Screenshot
From: Jason T. Wagner
Shawn, I have attached the most current State Plan of Operation in relation to Maine's 1033 Program. This document is an agreement or memorandum of understanding between each agency and the State of Maine's management of the 1033 Program. I just took over as the State of Maine's POC for our program's state coordinator. You will see the Town of Scarborough in this document as the contact and state coordinator. I have not produced the new version of this document changing the information to the City of Sanford. The attached version is from Feb 2014. This is the general document which would be made specific for each department before signing.
The item you label the annual inventory report is not something completed any longer. Everything we do is electronic from an online portal. Communication and certification of inventories between me and the LEAs will be using this portal and sign offs will be electronic. I do not have a report to provide you with above and beyond the Dashboard report I already provided you in another email.
Again, further questions regarding the 1033 program and LESO can be directed to the LESO Public Affairs office at (703) 767-5280.
~ WAGZ ~
SSgt. Jason Wagner
Sanford Police Department
(207) 324-9170 x 203
From: Shawn Musgrave
Sgt. Wagner -
I understand that you've just assumed oversight of the 1033 program as state coordinator for Maine. It is my understanding, based on receiving similar spreadsheets from more than 25 other states, that the state coordinator maintains such a spreadsheet as I am requesting. In many cases this spreadsheet was downloaded from the DLA online inventory website, but reviewed by the state coordinator in the execution of his/her duties.
Please confirm whether you or your office has possession of a corresponding inventory spreadsheet for equipment received by Maine law enforcement agencies via the 1033 program. Given the amount of time that has passed, I would respectfully request a response within the next business day so that I may submit an appeal of this request if necessary.
Best,
Shawn
From: Shawn Musgrave
Hello,
Checking on the below.
-Shawn
From: Jason T. Wagner
Shawn,
Did you make contact with LESO Public Affairs as was suggested in my previous email?
~ WAGZ ~
SSgt. Jason Wagner
Sanford Police Department
(207) 324-9170 x 203
From: Shawn Musgrave
SSgt. Wagner -
Yes, I am also in contact with DLA's LESO staff. This is a request for documents and data maintained by your office as the state coordinator in Maine for the 1033 program. Please review my emails below and provide a final response as to whether your office has either compiled, downloaded or received from the previous 1033 coordinator an inventory spreadsheet similar to the ones that I have sent previously.
If you will not send this document, please advise as to the appeal authority to which I may submit an appeal for this determination.
Respectfully,
Shawn Musgrave
From: Jason T. Wagner
Mr Musgrave,
I left a phone message at the Public Affairs office of LESO asking about this piece of information. When I get an answer from them I will submit a reply to your email/requests.
A LESO trainer provided me with what I gave you already. I am waiting to hear if I can produce something more. Currently I do not have an inventory record for the state as you refer to. Since the program has gone online for acquisitions and also inventories a state file does not exist. Each agency takes care of their inventory and the state coordinator through the work of his points of contact review the new entries to those additions. The individual law enforcement agencies are spot checked by the state coordinator periodically each year to ensure program compliance. Inventory compliance is "certified" online as well.
I will reply with more as I get word from LESO.
~ WAGZ ~
SSgt. Jason Wagner
Sanford Police Department
(207) 324-9170 x 203
From: Shawn Musgrave
SSgt. Wagner -
Thank you for continuing to work on this request. Please let me know if I can provide any further information or clarification.
Best,
Shawn
From: Shawn Musgrave
SSgt. Wagner -
Checking in to see whether there has been any update. Just today Kentucky became the 32nd state to provide a full agency-by-agency property book (attached).
Respectfully,
Shawn Musgrave
MuckRock
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1033_KY_Property_Book.xlsx
From: Shawn Musgrave
Checking in on this request.
Best,
Shawn
From: Shawn Musgrave
Hello,
Checking in once again on this request.
Best,
Shawn
From: Jason T. Wagner
Mr. Musgrave, answering your below follow-up inquiry, I have already provided you with the information which will be released to you on your request and any other person or entity asking for information regarding the State of Maine 1033 Program. I am not working on a more detailed release.
~ WAGZ ~
SSgt. Jason Wagner
Sanford Police Department
(207) 324-9170 x 203
From: Shawn Musgrave
SSgt. Wagner -
Please advise as to the appropriate individual or office who has appeal authority for your determination.
Respectfully,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Ssgt. Wagner -
I once again ask for information on appealing your determination. A total of 35 states now have released this 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
Please respond immediately.
-Shawn
From: Shawn Musgrave
Ssgt. Wagner and Mr. Buck -
I respectfully insist once again for contact information regarding the appeal of this rejection of my records request. Today, Hawaii became the 36th state to release agency-by-agency inventories of equipment received via the 1033 program. I urge Maine to follow suit.
Please advise whether I can be any clearer in what I am asking.
Best,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Ssgt. Wagner and Mr. Buck -
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 Maine to follow suit and help facilitate the productive dialogue around the 1033 program and its future that is only possible by evaluating its operation in detail.
Thank you for your consideration, and I look forward to hearing from you.
Respectfully,
Shawn Musgrave
MuckRock
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: 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: 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.
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