Kentucky purchases under the 1122 Program
| Tracking # |
24-6290 |
| Submitted | Oct. 10, 2024 |
| Est. Completion | None |
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Communications
From: Lillian Mauldin
To Whom It May Concern:
Pursuant to the Kentucky Open Records Act, I hereby request the following records:
-An itemized list of all purchases of equipment by law enforcement agencies (LEAs) through the 1122 program (10 U.S. Code § 281) from 1994 to 2024. This can be provided by annual purchase requests that are sent to the Defense Logistics Agency (DLA) by the state point of contact (SPOC). This can also be provided by collated receipts for purchases by the agencies.
-All 1122C: Usage Reports and purchase orders submitted by LEAs to the SPOC. According to the 1122 Program Guide, 1122C: Usage Reports and purchase orders are required to be sent to the SPOC within 30 days of purchase.
-DA Report: total expenditures to the Department of the Army which are reported annually and are releasable. The requested date range of the requested annual reports is 1994-2024
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 look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Lillian Mauldin
From: Kentucky State Police
Kentucky State Police
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Your record request #24-6290 has been submitted successfully.
Thank you for submitting your request to the Kentucky State Police, Public Records Branch. The estimated response time is 5 business days. Please be advised that a public agency is not statutorily required to answer questions or provide information as opposed to public records. See 21-ORD-034.
Please be advised, any records you may receive will be inaccessible after thirty days from our response date.
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From: Kentucky State Police
Kentucky State Police
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A message was sent to you regarding record request #24-6290:
The Kentucky State Police ("KSP") conducted a diligent search, but was unable to locate any responsive records. KSP “cannot afford a requester access to a record that it does not have or that does not exist, 99-ORD-98, and the agency discharges its duty under the Open Records Act by affirmatively so stating.” 16-ORD-246 (citing 99-ORD-150). The right to inspect records, and the corollary right to receive copies, only attaches if the records requested are “prepared, owned, used, in the possession of or retained by a public agency.” KRS 61.870(2); 02-ORD-120, p. 10; 04-ORD-205. Further, a public agency is not statutorily required to “prove a negative” in order to refute an unsubstantiated claim that certain records exist. See Bowling v. Lexington-Fayette Urban County Gov’t, 172 S.W.3d 333, 341 (Ky. 2005) (“before a complaining party is entitled to such a hearing [to refute the agency’s claim that records do not exist], he or she must make a prima facie showing that such records do exist”); 11-ORD-037.
KSP has confirmed that no such record exists. Accordingly, KSP has discharged its duty regarding your request by notifying you in a timely response that a diligent search did not yield any results.
If you wish to appeal this decision, you may do so by filing a complaint with the Office of the Attorney General, Open Records/Open Meetings Division, The Capitol, 700 Capital Avenue, Suite 118, Frankfort, KY 40601, pursuant to KRS 61.880(2), or by filing an original action in Franklin Circuit Court under KRS 61.882. If you first appeal to the Attorney General but are dissatisfied with the Attorney General’s decision, you may further appeal to Circuit Court pursuant to KRS 61.880(5).
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Kentucky State Police.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
From: Kentucky State Police
Kentucky State Police
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Record request #24-6290 has been closed. The closure reason supplied was:
Your request has been processed and completed. We are now closing your request. This request will no longer be monitored. Please be advised 21-ORD-034 reaffirms the Open Records Act does not require public agencies to answer questions or provide information regarding your specific request.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Kentucky State Police.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>