1033 MOU and annual inventory form (Virginia - Virginia State Police)
| Submitted | Aug. 20, 2014 |
| Est. Completion | None |
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Communications
From: Tom Nash
To Whom It May Concern:
Pursuant to Virginia Freedom of Information Act and a resident of the Commonwealth of Virginia, 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 required to be completed by MSP by the state coordinator of the 1033 program. For reference, see the attached inventory of 1033 equipment as released by the Ohio state coordinator.
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 5 business days, as the statute requires.
Sincerely,
Tom Nash
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Ohio_1033_Property_08-18-2014_2.xlsx
From: MuckRock
Hello,
Please confirm whether this request was received and is being processed. If you require proof of Virginia residency to move forward, I am able to provide such documentation.
Thank you.
From: MuckRock
Mr. Lambert -
Your agency has yet to acknowledge my request. As a resident of Virginia, the Virginia FOIA gives me unmistakable rights to request government documents.
Respectfully, I insist that you uphold your obligations under the statute and proceed with processing this request.
Thank you.
From: MuckRock
Checking on this once again. Please confirm whether this request has been received and is being processed under the clear provisions of the Virginia Freedom of Information Act.
From: Lambert, Tom
Req was received and is being processed
Thomas Lambert
Virginia State Police
Sent by BlackBerry
From: Lambert, Tom
As you may be aware requests for records of the Commonwealth, its agencies and political subdivisions are governed by the Virginia Freedom of Information Act (FOIA), Chapter 37, §§2.2-3700 et. seq. of the Code of Virginia. It should be noted that under §2.2-3704 of FOIA agencies of the Commonwealth are not required to create a new record or to answer a question or provide information if a record does not already exist. It should also be noted that the Agency is under no duty to acknowledge a request other than by providing a written response within five working days, excluding the date of receipt, from when the request is received.
The risk of sending a request addressed to an individual rather than the Agency email is that the individual may not receive the request if they are out of the office. Since the request is only received once the person to who it as addressed opens it you run the risk of substantial delays, for example an email sent to an employee who was on military reserve duty for an extended period of time. A cc on the email is merely a copy for information purposes and may or may not be identified as tasking someone else as needing to act since the request was specifically directed.
Attached is a copy of the current Virginia MOA with the Defense Logistics Agency.
The "annual inventory" is completed by each agency going to the Defense Logistic Agency, Disposition Services, Law Enforcement Services Office, on-line system and verifying their inventory. No record of the individual verification is maintained at the state level, rather the coordinator may, if needed go into the database and observe the results. When the various agencies have completed this requirement the Coordinator receives confirmation, the latest of which is attached. To obtain the actual inventory you must contact DLA.
DLA Counsel – Disposition Services
Freedom of Information Act Office
74 Washington Avenue N.
Battle Creek, MI 49037-3092
Fax Number (269) 961-4534
Email: DLADispositionServicesPrivacyAct@dla.mil
Included is a listing recently provided by DLA showing the current inventory of 1033 equipment in Virginia By County. Although not directly responsive it may assist you in your research.
There will be no cost assessed as the Documents were already being researched for another requestor. Pursuant to section 2.2-3704 of the Code of Virginia all costs for researching and providing records is normally assessed regardless of the reason for the request.
Thomas J. Lambert
Office of Legal Affairs
Virginia Department of State Police
This message is from the Office of Legal Affairs, Virginia Department of State Police may be confidential and only for the use of the individual or entity to which it is addressed and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately by telephone at 804-674-2000.
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Virginia_08202014_release
From: Tom Nash
Mr. Lambert -
Thank you for sending the MOA. It is reasonable that the Virginia 1033 state coordinator may have downloaded the state property book from the DLA in the course of conducting the annual inventory review. If this is the case, that spreadsheet is releasable under the Virginia FOIA, and is covered by the present request.
Please advise as to whether the 1033 state coordinator's office/department has such a copy of the Virginia property book in its entirety. If so, please release this document.
Thank you.
From: Lambert, Tom
The materials you were provided are what we have.
Thomas J. Lambert
Office of Legal Affairs
Virginia Department of State Police
This message is from the Office of Legal Affairs, Virginia Department of State Police may be confidential and only for the use of the individual or entity to which it is addressed and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately by telephone at 804-674-2000.
From: Tom Nash
Mr. Lambert -
Respectfully, the MOA signed between the state of Virginia and the Defense Logistics Agency requires each 1033 coordinator to "[v]alidate and certify the accountability of all controlled property received through the LESO Program" on an annual basis. The MOA also provides that "All inventories and certification statements will be maintained on file indefinitely."
It is unclear to me how the VSP would fulfill its obligations as the 1033 coordinator without compiling and/or reviewing one inventory of all equipment received by Virginia law enforcement agencies via the 1033 program. Your response further stands out given that twenty states have released a statewide inventory down to the agency level of all equipment received via the 1033 program.
Please confirm that no statewide inventory exists within VSP records per its obligations as the 1033 coordinator.
Respectfully,
Shawn Musgrave
MuckRock
From: Lambert, Tom
I will forward this to the 1033 coordinator. However, the inventory system is now an on-line system maintained by DLA
Thomas J. Lambert
Office of Legal Affairs
Virginia Department of State Police
This message is from the Office of Legal Affairs, Virginia Department of State Police may be confidential and only for the use of the individual or entity to which it is addressed and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately by telephone at 804-674-2000.
From: Tom Nash
Mr. Lambert -
Thank you for passing this on to the 1033 coordinator and for checking further.
I understand that the DLA's inventory system is online. But 20 other state coordinators confirmed that they have downloaded and maintain a statewide inventory, and provided unredacted copies of such. For reference, I've attached the inventories released by the coordinators in Arkansas, Oregon and Florida.
Best,
Shawn
From: Lambert, Tom
The Department does not maintain a copy of the inventory in its possession but rather utilizes the technology and archiving provided by the United States Defense Logistic Agency to meet its inventory needs and duties under the MOA. You have already been provided all responsive documents in the possession of this Agency.
Pursuant to section 2.2-3704(b)(3) the records you have requested are not in possession of the Virginia State Police. As you have been previously advised the records requested are maintained by and in the custody of The United States Defense Logistic Agency which may be contacted at:
DLA Counsel – Disposition Services
Freedom of Information Act Office
74 Washington Avenue N.
Battle Creek, MI 49037-3092
Fax Number (269) 961-4534
Email: DLADispositionServicesPrivacyAct@dla.mil
As the Department does not require a downloaded version of the record requested to carry out its duties it is under no duty to, nor will it, create one.
Your request for the inventory is denied on the cited grounds.
I regret we can be of no further assistance in this matter.
Thomas J. Lambert
Office of Legal Affairs
Virginia Department of State Police
This message is from the Office of Legal Affairs, Virginia Department of State Police may be confidential and only for the use of the individual or entity to which it is addressed and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately by telephone at 804-674-2000.
From: MuckRock
Mr. Lambert -
Please advise as to the options for appealing this determination. The ubiquity and uniformity of responses from other states suggests that VSP likely does, in fact, have such an inventory spreadsheet.
Thank you.
From: Lambert, Tom
Based upon your last message it appears you may or may not be aware each State has their own laws, polices, procedures and regulations relating to Government operations and on the public access to records. The fact that one or more States does or does not have the same records, policies or procedures is not binding on Virginia.
With regards to your question on the appeal for the denial of an FOIA request, the process for challenging an Agency determination may be found in Chapter 37 of Title 2.2 of the code of Virginia (http://law.lis.virginia.gov/vacode/title2.2/chapter37/) . Virginia State Police employees cannot give legal advice, nor interpret the law for members of the public. Persons needing legal advice may contact Virginia Lawyer Referral Service at 1-800-552-7977 to be referred to a private attorney for a 30-minute consultation for a pre-paid fee of $35.00.
As you have been previously told on multiple occasions the Department does not maintain a copy of the inventory in its possession but rather utilizes the technology and archiving provided by the United States Defense Logistic Agency to meet its inventory needs and duties under the MOA. You have already been provided all responsive documents in the possession of this Agency. Pursuant to section 2.2-3704 the Department is not required to create or provide a record not already in its possession.
Pursuant to section 2.2-3704(b)(3) the records you have requested cannot be found or do not exist with this Agency as they are not in possession of the Virginia State Police. The records requested are maintained by and in the custody of The United States Defense Logistic Agency which may be contacted at:
DLA Counsel – Disposition Services
Freedom of Information Act Office
74 Washington Avenue N.
Battle Creek, MI 49037-3092
Fax Number (269) 961-4534
Email: DLADispositionServicesPrivacyAct@dla.mil
As the Department does not require a downloaded version of the record requested to carry out its duties it is under no duty to, nor will it, create one.
Your request for the inventory is denied on the cited grounds.
I regret we can be of no further assistance in this matter.
Thomas J. Lambert
Office of Legal Affairs
Virginia Department of State Police
This message is from the Office of Legal Affairs, Virginia Department of State Police may be confidential and only for the use of the individual or entity to which it is addressed and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately by telephone at 804-674-2000.
From: Tom Nash
Col. Flaherty -
This is a request a further search of records for the below Virginia FOIA request. The response issued by Mr. Lambert and VSP below — namely, that VSP does not have a basic inventory of equipment for a program it coordinates — lies in stark contradiction to the response from 35 other states, all of which have provided agency-by-agency spreadsheets regarding 1033 equipment transfers:
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
I urge Virginia to follow suit in public accountability for the 1033 program. In this vein, I request that you exercise your authority as Superintendent to direct a more thorough search for these basic documents.
Thank you,
Tom Nash
From: Tom Nash
Superintendent's Office
PO Box 27472
Richmond, VA 23261
October 2, 2014
Col. Flaherty:
Below please find a copy of the appeal sent to you via email on October 1.
Thank you for your prompt attention to this matter of transparency.
From: Russillo, Tracy S., Major
Mr. Nash,
Colonel Flaherty has requested I respond to your email on his behalf.
The United States Defense Logic Agency provides a technology based solution which the Department relies upon for our inventory needs. Unlike the 35 other states, the Department chooses to rely on this technology based system in lieu of maintaining spreadsheets regarding the transfer of 1033 program procured equipment as you have suggested. Therefore, we do not maintain records responsive to your request. Pursuant to section 2.2-3704, Code of Virginia, the Department is not required to create or provide a record not already in its possession.
The Department can be of no further assistance to you in the matter.
The records requested are maintained by The United States Defense Logistics Agency. They may be contacted at:
DLA Counsel – Disposition Services
Freedom of Information Act Office
74 Washington Avenue
Battle Creek, MI 49037-3092
Fax: 269 961-4534
Email: DLADispositionServicesPrivacyAct@dla.mil
Thank you,
Major Tracy S. Russillo
Deputy Director, Bureau of Administrative and Support Services
Virginia State Police
Pursuant to section 2.2-3704(b)(3) the records you have requested cannot be found or do not exist with this Agency as they are not in possession of the Virginia State Police. The records requested are maintained by and in the custody of The United States Defense Logistic Agency which may be contacted at:
DLA Counsel – Disposition Services
Freedom of Information Act Office
74 Washington Avenue N.
Battle Creek, MI 49037-3092
Fax Number (269) 961-4534
Email: DLADispositionServicesPrivacyAct@dla.mil
As the Department does not require a downloaded version of the record requested to carry out its duties it is under no duty to, nor will it, create one.
Your request for the inventory is denied on the cited grounds.
I regret we can be of no further assistance in this matter.
The information in this email and any attachments may be confidential and privileged. Access to this email by anyone other than the intended addressee is unauthorized. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient) please notify the sender by reply email and immediately delete this email and any copies from your computer and/or storage system. The sender does not authorize the use, distribution, disclosure or reproduction of this email (or any part of its contents) by anyone other than the intended recipient(s). No representation is made that this email and any attachments are free of viruses. Virus scanning is recommended and is the responsibility of the recipient.
From: MuckRock
Major Russillo, Lt. Walters and Sgt. Lam -
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 Virginia 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: Geller, Corinne
Mr. Musgrave,
The Virginia State Police has more than adequately responded to your multiple requests concerning the 1033 program. The information you are requesting is readily available through the DLA Website at http://www.dispositionservices.dla.mil/EFOIA-Privacy/Pages/ereadingroom.aspx.
Sincerely
Corinne N. Geller
Public Relations Director
Virginia State Police
(O) 804-674-2789
(Bberry) 804-263-5547
Web: www.vsp.virginia.gov
The information in this email and any attachments may be confidential and privileged. Access to this email by anyone other than the intended addressee is unauthorized. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient) please notify the sender by reply email and immediately delete this email and any copies from your computer and/or storage system. The sender does not authorize the use, distribution, disclosure or reproduction of this email (or any part of its contents) by anyone other than the intended recipient(s). No representation is made that this email and any attachments are free of viruses. Virus scanning is recommended and is the responsibility of the recipient.
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. 20, 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: Lambert, Tom
I am out of the office until December 17.
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08/26/2014
Florida_Law_Enforcement_Agency_DLA-LESO_1033_Program_Inventory_as_of_8-18-2014.xls.xlsx
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