1033 MOU and annual inventory form (South Dakota Highway Patrol)

Shawn Musgrave filed this request with the South Dakota Highway Patrol of South Dakota.
Tracking # OHE File - PPR 14-03
Est. Completion None
Status
Partially Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the South Dakota Sunshine Law, 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 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 look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Shawn Musgrave

Please confirm whether the records request below was received as faxed on Tuesday.

For reference, the Ohio state coordinator released the attached spreadsheet inventory of equipment received via the 1033 program.

Please let me know if I can clarify this request further.

Best,
Shawn

From: Woster, Terry

Shawn Musgrave -

To confirm, we have received a records request from you faxed to South Dakota Highway Patrol. I am working on the response.

Terry Woster
SD Department of Public Safety public information

From: Shawn Musgrave

Thank you for confirming. In case it was not passed on to you, I've attached for your reference an inventory spreadsheet as released by the 1033 state coordinator in Ohio.

Please let me know if I can clarify the request at all.

Best,
Shawn

From: Shawn Musgrave

Terry -

Checking in to see whether I can provide any further clarification on this request.

Thank you again for your help.

Best,
Shawn

From: Shawn Musgrave

Hello,

Checking in on this request, as it has been several days since the last update. Please let me know if I can provide any further clarification.

Best,
Shawn

From: Woster, Terry

I was called away for family medical issue. Sorry. I may get back today, for sure Friday. I will respond as soon as I can access my work drives.
Terry Wostet
Sent from my iPhone

>

From: Shawn Musgrave

Terry -

Thank you for the update, and for your prompt assistance with this request. Best wishes to your family.

-Shawn

From: Woster, Terry

I believe this responds to your records request, and I thank you for your patience.

Terry Woster
SD Department of Public Safety public information

From: Shawn Musgrave

Terry -

Thank you so much for sending the MOA and Compliance Review. My request also covered an inventory spreadsheet - more than 20 state 1033 coordinators have released nearly identical copies of a spreadsheet comprising all equipment received via the 1033 program. I've attached one such spreadsheet released just today by the Idaho 1033 coordinator.

Does South Dakota Highway Patrol have a similar spreadsheet? If so, please send.

Best,
Shawn

From: Woster, Terry

That one I will need to be back at my desk to work on. I'm hoping that's Tuesday.
Sent from my iPhone

>

From: Shawn Musgrave

Terry -

I'll check back in next week, then. Have a great Labor Day!

-Shawn

From: Shawn Musgrave

Terry -

Checking in on this -- please advise as to the status of this request.

Best,
Shawn

From: Woster, Terry

Shawn Musgrave -

Attached you will find the Department of Public Safety response to your emailed request for records.

Terry Woster
SD Department of Public Safety public information

From: Shawn Musgrave

Ms. Woster -

Please indicate the appropriate individual or office to appeal this determination.

Best,
Shawn Musgrave
MuckRock

From: Woster, Terry

I am leaving momentarily on a pre-scheduled road assignment. I will get you the proper information no later than tomorrow morning.
Terry Woster
SD Department of Public Safety public information

From: Woster, Terry

Mr. Musgrave -

The appeals process for records denials is found in South Dakota Codified Law, beginning at 1-27-38.

Information on the South Dakota Office of Hearing Examiners is located at https://boa.sd.gov/divisions/hearing/

Let me know if I can be of further assistance.

Terry Woster
SD Department of Public Safety public information

From: Shawn Musgrave

Office of Hearing Examiners
Foss Building
523 E. Capitol Avenue
Pierre, SD 57501

September 18, 2014

To Whom It May Concern:

This is an appeal of the denial of records for the below request submitted to the South Dakota Department of Public Safety. The request was denied by Terry Woster, whose business address is 118 West Capitol Avenue, Pierre, South Dakota 57501, per the attached denial letter.

DPS has denied the request for an inventory spreadsheet of 1033 equipment based on SDCL 1-27-1.5 (17) as it pertains to locations and listings of weapons, ammunition and other military and law enforcement equipment or personnel. I urge the OHE to overturn this determination in light of the considerable public scrutiny surrounding the 1033 program and its transfer of military-grade equipment to state and local law enforcement around the country. A number of states have ordered this program reviewed, and the matter has been discussed in Congress, as well.

Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment. To date, a total of 32 states have released unredacted, agency-by-agency spreadsheets per their obligations to transparency and open government. I respectfully request that South Dakota follow suit, and that OHE remand this request back to South Dakota Department of Public Safety for the release of the requested inventory spreadsheet.

Shawn Musgrave
MuckRock

Address:
MuckRock News
Dept MR13006
PO Box 55819
Boston, MA 02205-5819

Telephone:
617-299-1832

From: Brady, Hillary

Attached please find correspondence regarding the request.

From: Shawn Musgrave

Ms. Brady -

This appeal was not emailed, but sent via regular postal mail. I will resend by certified mail right away.

Thank you,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Office of Hearing Examiners
Foss Building
523 E. Capitol Avenue
Pierre, SD 57501

October 2, 2014

To Whom It May Concern:

This is an appeal of the denial of records for the below request submitted to the South Dakota Department of Public Safety. The request was denied by Terry Woster, whose business address is 118 West Capitol Avenue, Pierre, South Dakota 57501, per the attached denial letter.

DPS has denied the request for an inventory spreadsheet of 1033 equipment based on SDCL 1-27-1.5 (17) as it pertains to locations and listings of weapons, ammunition and other military and law enforcement equipment or personnel. I urge the OHE to overturn this determination in light of the considerable public scrutiny surrounding the 1033 program and its transfer of military-grade equipment to state and local law enforcement around the country. A number of states have ordered this program reviewed, and the matter has been discussed in Congress, as well.

Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment. To date, a total of 32 states have released unredacted, agency-by-agency spreadsheets per their obligations to transparency and open government. I respectfully request that South Dakota follow suit, and that OHE remand this request back to South Dakota Department of Public Safety for the release of the requested inventory spreadsheet.

Shawn Musgrave
MuckRock

Address:
MuckRock News
Dept MR13006
PO Box 55819
Boston, MA 02205-5819

Telephone:
617-299-1832

From: South Dakota Highway Patrol

A letter stating that the request appeal has been received and is being processed.

From: South Dakota Highway Patrol

An interim response, stating the request is being processed.

From: Shawn Musgrave

Ms. Brady,

I wanted to respond to the attached letter from the records custodian South Dakota Department of Public Safety.

As an initial matter, I would point out that since I submitted my letter of appeal, an additional five states — including New York, notably — have released their 1033 inventory down to the agency level. This brings the total to 37 states that have released their 1033 program inventory spreadsheets in response to my FOI requests, thus putting South Dakota in the considerable minority of states that have failed to do so.

Furthermore, I would like to rebut Mr. Jones' assertion that releasing the requested spreadsheet would facilitate criminal or terrorist behavior. Not only do 37 states so far disagree with this position, but a level assessment of the requested information belies this rather paranoid and far-fetched rationale for withholding the document from public scrutiny. A criminal or terrorist bent on discovering information about the equipment inventory of South Dakota law enforcement agencies has little need for submitting an FOI request. Much information regarding the equipment —both tactical and non-tactical— used by South Dakota law enforcement has been proactively posted by the departments themselves, whether that be via annual reports and budget documents or even on social media. What's more, the Defense Department has already released data for 1033 program equipment transfers to all states down to the county level (see their FOIA reading room: www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.aspx).

In short, the key detail missing from public scrutiny — and which the Department of Public Safety is withholding from release under its overbroad application of SDCL exceptions — is the particular department to which specific equipment was allocated per the approval of the South Dakota Highway Patrol and the Defense Logistics Agency. For the people of South Dakota to assess the administration of the 1033 program, it is critical for them to know which departments received equipment.

In light of the above, I respectfully reiterate my request that the Office of Hearing Examiners remand this request back to the Department of Public Safety for full release of the requested spreadsheet.

Best,

Shawn Musgrave
MuckRock

From: Brady, Hillary

Attached please find a courtesy copy of the Decision and transmittal letter in PRR 14-03

From: South Dakota Highway Patrol

A letter stating that the request appeal has been rejected.

From: Shawn Musgrave

Mr. Joffer, Ms. Brady and Mr. Jones -

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 South Dakota 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: Brady, Hillary

Dear Mr. Musgrave:

PRR 14-03 was decided and the final decision for that matter was sent to the parties on November 20, 2014. Therefore, this office no longer has jurisdiction in that matter. If you disagree with the decision signed November 20, 2014 it can be appealed to the Circuit Court as stated in the decision following the Order and directly above the Certificate of Service.

Sincerely,

Hillary Brady
Office of Hearing Examiners

From: requests@muckrock.com [mailto:requests@muckrock.com]
Sent: Tuesday, December 02, 2014 8:41 AM
To: Brady, Hillary
Cc: Jones, Trevor; Joffer, Kevin
Subject: RE: Freedom of Information Request #OHE File - PPR 14-03

December 2, 2014
South Dakota Highway Patrol
South Dakota Highway Patrol
118 West Capitol Avenue
Pierre, SD 57501

This is a follow up to request number OHE File - PPR 14-03:

Mr. Joffer, Ms. Brady and Mr. Jones -

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 South Dakota 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

---

On Nov. 21, 2014:

A letter stating that the request appeal has been rejected.

---

On Nov. 20, 2014:

Attached please find a courtesy copy of the Decision and transmittal letter in PRR 14-03

---

On Oct. 28, 2014:

Ms. Brady,

I wanted to respond to the attached letter from the records custodian South Dakota Department of Public Safety.

As an initial matter, I would point out that since I submitted my letter of appeal, an additional five states — including New York, notably — have released their 1033 inventory down to the agency level. This brings the total to 37 states that have released their 1033 program inventory spreadsheets in response to my FOI requests, thus putting South Dakota in the considerable minority of states that have failed to do so.

Furthermore, I would like to rebut Mr. Jones' assertion that releasing the requested spreadsheet would facilitate criminal or terrorist behavior. Not only do 37 states so far disagree with this position, but a level assessment of the requested information belies this rather paranoid and far-fetched rationale for withholding the document from public scrutiny. A criminal or terrorist bent on discovering information about the equipment inventory of South Dakota law enforcement agencies has little need for submitting an FOI request. Much information regarding the equipment —both tactical and non-tactical— used by South Dakota law enforcement has been proactively posted by the departments themselves, whether that be via annual reports and budget documents or even on social media. What's more, the Defense Department has already released data for 1033 program equipment transfers to all states down to the county level (see their FOIA reading room: www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.aspx).

In short, the key detail missing from public scrutiny — and which the Department of Public Safety is withholding from release under its overbroad application of SDCL exceptions — is the particular department to which specific equipment was allocated per the approval of the South Dakota Highway Patrol and the Defense Logistics Agency. For the people of South Dakota to assess the administration of the 1033 program, it is critical for them to know which departments received equipment.

In light of the above, I respectfully reiterate my request that the Office of Hearing Examiners remand this request back to the Department of Public Safety for full release of the requested spreadsheet.

Best,

Shawn Musgrave
MuckRock

---

On Oct. 24, 2014:

An interim response, stating the request is being processed.

---

On Oct. 8, 2014:

A letter stating that the request appeal has been received and is being processed.

---

On Oct. 2, 2014:

Office of Hearing Examiners
Foss Building
523 E. Capitol Avenue
Pierre, SD 57501

October 2, 2014

To Whom It May Concern:

This is an appeal of the denial of records for the below request submitted to the South Dakota Department of Public Safety. The request was denied by Terry Woster, whose business address is 118 West Capitol Avenue, Pierre, South Dakota 57501, per the attached denial letter.

DPS has denied the request for an inventory spreadsheet of 1033 equipment based on SDCL 1-27-1.5 (17) as it pertains to locations and listings of weapons, ammunition and other military and law enforcement equipment or personnel. I urge the OHE to overturn this determination in light of the considerable public scrutiny surrounding the 1033 program and its transfer of military-grade equipment to state and local law enforcement around the country. A number of states have ordered this program reviewed, and the matter has been discussed in Congress, as well.

Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment. To date, a total of 32 states have released unredacted, agency-by-agency spreadsheets per their obligations to transparency and open government. I respectfully request that South Dakota follow suit, and that OHE remand this request back to South Dakota Department of Public Safety for the release of the requested inventory spreadsheet.

Shawn Musgrave
MuckRock

Address:
MuckRock News
Dept MR13006
PO Box 55819
Boston, MA 02205-5819

Telephone:
617-299-1832

---

On Oct. 1, 2014:

Ms. Brady -

This appeal was not emailed, but sent via regular postal mail. I will resend by certified mail right away.

Thank you,
Shawn Musgrave
MuckRock

---

On Sept. 23, 2014:

Attached please find correspondence regarding the request.

---

On Sept. 18, 2014:

Office of Hearing Examiners
Foss Building
523 E. Capitol Avenue
Pierre, SD 57501

September 18, 2014

To Whom It May Concern:

This is an appeal of the denial of records for the below request submitted to the South Dakota Department of Public Safety. The request was denied by Terry Woster, whose business address is 118 West Capitol Avenue, Pierre, South Dakota 57501, per the attached denial letter.

DPS has denied the request for an inventory spreadsheet of 1033 equipment based on SDCL 1-27-1.5 (17) as it pertains to locations and listings of weapons, ammunition and other military and law enforcement equipment or personnel. I urge the OHE to overturn this determination in light of the considerable public scrutiny surrounding the 1033 program and its transfer of military-grade equipment to state and local law enforcement around the country. A number of states have ordered this program reviewed, and the matter has been discussed in Congress, as well.

Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment. To date, a total of 32 states have released unredacted, agency-by-agency spreadsheets per their obligations to transparency and open government. I respectfully request that South Dakota follow suit, and that OHE remand this request back to South Dakota Department of Public Safety for the release of the requested inventory spreadsheet.

Shawn Musgrave
MuckRock

Address:
MuckRock News
Dept MR13006
PO Box 55819
Boston, MA 02205-5819

Telephone:
617-299-1832

---

On Sept. 10, 2014:

Mr. Musgrave -

The appeals process for records denials is found in South Dakota Codified Law, beginning at 1-27-38.

Information on the South Dakota Office of Hearing Examiners is located at https://boa.sd.gov/divisions/hearing/

Let me know if I can be of further assistance.

Terry Woster
SD Department of Public Safety public information

---

On Sept. 9, 2014:

I am leaving momentarily on a pre-scheduled road assignment. I will get you the proper information no later than tomorrow morning.
Terry Woster
SD Department of Public Safety public information

---

On Sept. 9, 2014:

Ms. Woster -

Please indicate the appropriate individual or office to appeal this determination.

Best,
Shawn Musgrave
MuckRock

---

On Sept. 9, 2014:

Shawn Musgrave -

Attached you will find the Department of Public Safety response to your emailed request for records.

Terry Woster
SD Department of Public Safety public information

---

On Sept. 3, 2014:

Terry -

Checking in on this -- please advise as to the status of this request.

Best,
Shawn

---

On Aug. 29, 2014:

Terry -

I'll check back in next week, then. Have a great Labor Day!

-Shawn

---

On Aug. 29, 2014:

That one I will need to be back at my desk to work on. I'm hoping that's Tuesday.
Sent from my iPhone

>

---

On Aug. 29, 2014:

Terry -

Thank you so much for sending the MOA and Compliance Review. My request also covered an inventory spreadsheet - more than 20 state 1033 coordinators have released nearly identical copies of a spreadsheet comprising all equipment received via the 1033 program. I've attached one such spreadsheet released just today by the Idaho 1033 coordinator.

Does South Dakota Highway Patrol have a similar spreadsheet? If so, please send.

Best,
Shawn

---

On Aug. 29, 2014:

I believe this responds to your records request, and I thank you for your patience.

Terry Woster
SD Department of Public Safety public information

---

On Aug. 28, 2014:

Terry -

Thank you for the update, and for your prompt assistance with this request. Best wishes to your family.

-Shawn

---

On Aug. 28, 2014:

I was called away for family medical issue. Sorry. I may get back today, for sure Friday. I will respond as soon as I can access my work drives.
Terry Wostet
Sent from my iPhone

>

---

On Aug. 28, 2014:

Hello,

Checking in on this request, as it has been several days since the last update. Please let me know if I can provide any further clarification.

Best,
Shawn

---

On Aug. 22, 2014:

Terry -

Checking in to see whether I can provide any further clarification on this request.

Thank you again for your help.

Best,
Shawn

---

On Aug. 20, 2014:

Thank you for confirming. In case it was not passed on to you, I've attached for your reference an inventory spreadsheet as released by the 1033 state coordinator in Ohio.

Please let me know if I can clarify the request at all.

Best,
Shawn

---

On Aug. 20, 2014:

Shawn Musgrave -

To confirm, we have received a records request from you faxed to South Dakota Highway Patrol. I am working on the response.

Terry Woster
SD Department of Public Safety public information

---

On Aug. 20, 2014:

Please confirm whether the records request below was received as faxed on Tuesday.

For reference, the Ohio state coordinator released the attached spreadsheet inventory of equipment received via the 1033 program.

Please let me know if I can clarify this request further.

Best,
Shawn

---

On Aug. 18, 2014:

To Whom It May Concern:

Pursuant to the South Dakota Sunshine Law, 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 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 look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Shawn Musgrave

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 13006
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.
[Image removed by sender.]

From: Harms, Jonathan

(Via email only)
(Delivery Receipt Requested)
(Read Receipt Requested)
December 9, 2014
Shawn Musgrave
Muckrock News
Boston, MA 02205-5819
Mr. Musgrave:
The South Dakota Department of Public Safety (SDDPS) has received and considered your reiterated request for an unredacted spreadsheet of 1033 program equipment transfers. It appears to be the same request previously made, denied, and reviewed by the Office of Hearing Examiners. If this is not accurate, please let us know. The decision issued by Judge Brady includes information regarding further appeal.
If you have any other questions, please contact me.
With Respect,
Jonathan Harms
South Dakota Department of Public Safety public information officer

-30-

From: requests@muckrock.com<mailto:requests@muckrock.com> [mailto:requests@muckrock.com]
Sent: Tuesday, December 02, 2014 8:41 AM
To: Brady, Hillary
Cc: Jones, Trevor; Joffer, Kevin
Subject: RE: Freedom of Information Request #OHE File - PPR 14-03

December 2, 2014
South Dakota Highway Patrol
South Dakota Highway Patrol
118 West Capitol Avenue
Pierre, SD 57501

This is a follow up to request number OHE File - PPR 14-03:

Mr. Joffer, Ms. Brady and Mr. Jones -

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 South Dakota 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

---

On Nov. 21, 2014:

A letter stating that the request appeal has been rejected.

---

On Nov. 20, 2014:

Attached please find a courtesy copy of the Decision and transmittal letter in PRR 14-03

---

On Oct. 28, 2014:

Ms. Brady,

I wanted to respond to the attached letter from the records custodian South Dakota Department of Public Safety.

As an initial matter, I would point out that since I submitted my letter of appeal, an additional five states - including New York, notably - have released their 1033 inventory down to the agency level. This brings the total to 37 states that have released their 1033 program inventory spreadsheets in response to my FOI requests, thus putting South Dakota in the considerable minority of states that have failed to do so.

Furthermore, I would like to rebut Mr. Jones' assertion that releasing the requested spreadsheet would facilitate criminal or terrorist behavior. Not only do 37 states so far disagree with this position, but a level assessment of the requested information belies this rather paranoid and far-fetched rationale for withholding the document from public scrutiny. A criminal or terrorist bent on discovering information about the equipment inventory of South Dakota law enforcement agencies has little need for submitting an FOI request. Much information regarding the equipment -both tactical and non-tactical- used by South Dakota law enforcement has been proactively posted by the departments themselves, whether that be via annual reports and budget documents or even on social media. What's more, the Defense Department has already released data for 1033 program equipment transfers to all states down to the county level (see their FOIA reading room: www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.aspx<http://www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.aspx>).

In short, the key detail missing from public scrutiny - and which the Department of Public Safety is withholding from release under its overbroad application of SDCL exceptions - is the particular department to which specific equipment was allocated per the approval of the South Dakota Highway Patrol and the Defense Logistics Agency. For the people of South Dakota to assess the administration of the 1033 program, it is critical for them to know which departments received equipment.

In light of the above, I respectfully reiterate my request that the Office of Hearing Examiners remand this request back to the Department of Public Safety for full release of the requested spreadsheet.

Best,

Shawn Musgrave
MuckRock

---

On Oct. 24, 2014:

An interim response, stating the request is being processed.

---

On Oct. 8, 2014:

A letter stating that the request appeal has been received and is being processed.

---

On Oct. 2, 2014:

Office of Hearing Examiners
Foss Building
523 E. Capitol Avenue
Pierre, SD 57501

October 2, 2014

To Whom It May Concern:

This is an appeal of the denial of records for the below request submitted to the South Dakota Department of Public Safety. The request was denied by Terry Woster, whose business address is 118 West Capitol Avenue, Pierre, South Dakota 57501, per the attached denial letter.

DPS has denied the request for an inventory spreadsheet of 1033 equipment based on SDCL 1-27-1.5 (17) as it pertains to locations and listings of weapons, ammunition and other military and law enforcement equipment or personnel. I urge the OHE to overturn this determination in light of the considerable public scrutiny surrounding the 1033 program and its transfer of military-grade equipment to state and local law enforcement around the country. A number of states have ordered this program reviewed, and the matter has been discussed in Congress, as well.

Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment. To date, a total of 32 states have released unredacted, agency-by-agency spreadsheets per their obligations to transparency and open government. I respectfully request that South Dakota follow suit, and that OHE remand this request back to South Dakota Department of Public Safety for the release of the requested inventory spreadsheet.

Shawn Musgrave
MuckRock

Address:
MuckRock News
Dept MR13006
PO Box 55819
Boston, MA 02205-5819

Telephone:
617-299-1832

---

On Oct. 1, 2014:

Ms. Brady -

This appeal was not emailed, but sent via regular postal mail. I will resend by certified mail right away.

Thank you,
Shawn Musgrave
MuckRock

---

On Sept. 23, 2014:

Attached please find correspondence regarding the request.

---

On Sept. 18, 2014:

Office of Hearing Examiners
Foss Building
523 E. Capitol Avenue
Pierre, SD 57501

September 18, 2014

To Whom It May Concern:

This is an appeal of the denial of records for the below request submitted to the South Dakota Department of Public Safety. The request was denied by Terry Woster, whose business address is 118 West Capitol Avenue, Pierre, South Dakota 57501, per the attached denial letter.

DPS has denied the request for an inventory spreadsheet of 1033 equipment based on SDCL 1-27-1.5 (17) as it pertains to locations and listings of weapons, ammunition and other military and law enforcement equipment or personnel. I urge the OHE to overturn this determination in light of the considerable public scrutiny surrounding the 1033 program and its transfer of military-grade equipment to state and local law enforcement around the country. A number of states have ordered this program reviewed, and the matter has been discussed in Congress, as well.

Full public accountability of this program requires a thorough understanding as to which agencies requested and received equipment. To date, a total of 32 states have released unredacted, agency-by-agency spreadsheets per their obligations to transparency and open government. I respectfully request that South Dakota follow suit, and that OHE remand this request back to South Dakota Department of Public Safety for the release of the requested inventory spreadsheet.

Shawn Musgrave
MuckRock

Address:
MuckRock News
Dept MR13006
PO Box 55819
Boston, MA 02205-5819

Telephone:
617-299-1832

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On Sept. 10, 2014:

Mr. Musgrave -

The appeals process for records denials is found in South Dakota Codified Law, beginning at 1-27-38.

Information on the South Dakota Office of Hearing Examiners is located at https://boa.sd.gov/divisions/hearing/

Let me know if I can be of further assistance.

Terry Woster
SD Department of Public Safety public information

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On Sept. 9, 2014:

I am leaving momentarily on a pre-scheduled road assignment. I will get you the proper information no later than tomorrow morning.
Terry Woster
SD Department of Public Safety public information

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On Sept. 9, 2014:

Ms. Woster -

Please indicate the appropriate individual or office to appeal this determination.

Best,
Shawn Musgrave
MuckRock

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On Sept. 9, 2014:

Shawn Musgrave -

Attached you will find the Department of Public Safety response to your emailed request for records.

Terry Woster
SD Department of Public Safety public information

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On Sept. 3, 2014:

Terry -

Checking in on this -- please advise as to the status of this request.

Best,
Shawn

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On Aug. 29, 2014:

Terry -

I'll check back in next week, then. Have a great Labor Day!

-Shawn

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On Aug. 29, 2014:

That one I will need to be back at my desk to work on. I'm hoping that's Tuesday.
Sent from my iPhone

>

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On Aug. 29, 2014:

Terry -

Thank you so much for sending the MOA and Compliance Review. My request also covered an inventory spreadsheet - more than 20 state 1033 coordinators have released nearly identical copies of a spreadsheet comprising all equipment received via the 1033 program. I've attached one such spreadsheet released just today by the Idaho 1033 coordinator.

Does South Dakota Highway Patrol have a similar spreadsheet? If so, please send.

Best,
Shawn

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On Aug. 29, 2014:

I believe this responds to your records request, and I thank you for your patience.

Terry Woster
SD Department of Public Safety public information

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On Aug. 28, 2014:

Terry -

Thank you for the update, and for your prompt assistance with this request. Best wishes to your family.

-Shawn

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On Aug. 28, 2014:

I was called away for family medical issue. Sorry. I may get back today, for sure Friday. I will respond as soon as I can access my work drives.
Terry Wostet
Sent from my iPhone

>

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On Aug. 28, 2014:

Hello,

Checking in on this request, as it has been several days since the last update. Please let me know if I can provide any further clarification.

Best,
Shawn

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On Aug. 22, 2014:

Terry -

Checking in to see whether I can provide any further clarification on this request.

Thank you again for your help.

Best,
Shawn

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On Aug. 20, 2014:

Thank you for confirming. In case it was not passed on to you, I've attached for your reference an inventory spreadsheet as released by the 1033 state coordinator in Ohio.

Please let me know if I can clarify the request at all.

Best,
Shawn

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On Aug. 20, 2014:

Shawn Musgrave -

To confirm, we have received a records request from you faxed to South Dakota Highway Patrol. I am working on the response.

Terry Woster
SD Department of Public Safety public information

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On Aug. 20, 2014:

Please confirm whether the records request below was received as faxed on Tuesday.

For reference, the Ohio state coordinator released the attached spreadsheet inventory of equipment received via the 1033 program.

Please let me know if I can clarify this request further.

Best,
Shawn

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On Aug. 18, 2014:

To Whom It May Concern:

Pursuant to the South Dakota Sunshine Law, 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 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 look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Shawn Musgrave

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 13006
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.

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