1033 MOU and annual inventory form (New York)

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), 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 5 business days, as the statute requires.

Sincerely,

Shawn Musgrave

Apologies for any confusion, but to clarify this request is for:

1) The actual inventory of the equipment New York law enforcement agencies received via the 1033 program. For reference, the Ohio state coordinator released the attached spreadsheet.

2) The current MOA with the Defense Logistics Agency for the 1033 program

Please let me know if I can provide further clarification.

Best,
Shawn

Hello,

I have yet to receive any acknowledgement for this APRA request. Please advise.

Best,
Shawn

Hello,

This FOIl request has yet to be acknowledged. Please advise whether it requires any clarification. I've cc'd the 1033 state coordinators listed by the DLA for the state of New York on its website.

For reference, please see the attached inventory spreadsheet released by the state coordinator of Ohio.

Best,
Shawn

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

Thank you again for your help.

Best,
Shawn

Hello,

Please advise as to the estimated completion date of this request. It has been more than 5 business days since it was submitted as well as 5 business days since it was acknowledged.

Best,
Shawn Musgrave
MuckRock

Hello,

I again request an estimated completion date. More than 20 states have released 1033 MOA and inventory spreadsheets without redaction or delay.

Respectfully,

Shawn Musgrave
MuckRock

Hello,

Checking on the below again. Please advise.

-Shawn

Ms. Friedlander -

DCJS has not provided any reasoning for taking longer than the statutory response window of 5 business days. Please advise as to the reason for this delay -- again, more than 25 states have already provided identical documentation as I am requesting here.

Respectfully,
Shawn

Hello,

This FOIL request is now considerably overdue. Just today, the California Office of Emergency Services released its inventory spreadsheet and MOA without any redaction whatsoever (attached). Your office has failed to justify its delay in releasing the corresponding data and documents for New York.

Please advise as to the status of this request, and clarify the reason for the delay beyond the statutory window outlined in the FOIL.

Respectfully,

Shawn Musgrave
MuckRock

To Whom It May Concern:

As of today, a total of 29 state coordinators of the 1033 program have released full spreadsheets that indicate which state and local law enforcement agencies received excess military equipment from the Defense Logistics Agency:

-Arizona
-Arkansas
-California
-Colorado
-Connecticut
-Florida
-Georgia
-Idaho
-Indiana
-Iowa
-Kansas
-Maryland
-Minnesota
-Mississippi
-Missouri
-Montana
-Nebraska
-Nevada
-New Mexico
-North Dakota
-Ohio
-Oklahoma
-Oregon
-South Carolina
-Tennessee
-Texas
-Utah
-Washington
-Wisconsin

I urge New York to follow suit and to facilitate transparency of state and local governance surrounding the 1033 program. Please let me know if I can provide any further clarification or information to further this request.

Respectfully,
Shawn Musgrave
MuckRock

Respectfully, I will continue to email until I get a satisfactory answer as to the delay regarding this request. Please advise immediately.

-Shawn Musgrave
MuckRock

Hello,

Please provide an update as to the status of this FOIL request, which is considerably overdue. Your office has failed so far to provide any justification for the delay, whereas more than 30 states now have released the requested information without redaction.

Respectfully,

Shawn Musgrave
MuckRock

Ms. Friedlander -

Checking in once again, as I have not received any reply.

Please advise as to the status of this request and the unexplained delay in complying with the FOIL response window.

Respectfully,
Shawn Musgrave
MuckRock

Ms. Friedlander -

As today is September 19 and I have yet to receive any determination regarding this FOIL request that has been completed in full and without delay by 32 other states, I will be calling today for an update. Please advise as to the status of the request, and release the requested MOA document and inventory spreadsheet.

Respectfully,

Shawn Musgrave
MuckRock

Ms. Friedlander -

I've called and left my cell phone with your office. I will call back this afternoon for an update on this FOIL request.

Best,
Shawn Musgrave
MuckRock

Ms. Friedlander -

I've just called and left an additional voicemail. Please provide an update as to whether I can expect a response, particularly given that we have reached the estimated date of completion your office provided.

Respectfully,

Shawn Musgrave
MuckRock

Ms. Friedlander -

Despite numerous calls and emails, your office has failed to provide any reasoning whatsoever for the delay in processing this request. I respectfully insist on some sort of explanation for the delay, particularly in light of the 32 states that have provided corresponding documents and data without any attending delay.

I look forward to hearing your response.

Respectfully,

Shawn Musgrave
MuckRock

Ms. Friedlander -

Please advise as to the status of this FOIL request. Your office has yet to substantiate its delay whatsoever, even as 35 states have provided the exact same information without delay.

Respectfully,
Shawn Musgrave

Ms. Friedlander -

I've just left a voicemail on your line requesting an update on this FOIL request. Please advise as to its status.

Best,
Shawn Musgrave
MuckRock

Ms. Friedlander -

As I just left in another voicemail, we are at close-of-business on October 3, and I have had no substantive update as you indicated in your September 19 email. Please advise as to the delay for this FOIL request, per your office's obligations under the statute.

Respectfully,
Shawn Musgrave
MuckRock

Ms. Friedlander -

I would respectfully point out once again that your office has not provided any explanation for the delay. Particularly given that 36 states now have provided the requested documents, I would ask you to justify this additional extension.

Best,
Shawn Musgrave
MuckRock

Ms. Kava -

Thank you for reaching out. I would emphasize once again that a total of 36 states — from California, Texas and Florida to Missouri, Alaska and New Hampshire — have provided these documents without delay. Your response clarifies the revised timeline but gives no reason for the additional review.

I would ask for a more substantive response that clarifies the dragged out timeline for this FOIL.

Respectfully,
Shawn Musgrave
MuckRock

Hello,

Writing to confirm that I can expect a response this week, as Ms. Kava indicated on Friday.

Best,
Shawn

Ms. Kava and Ms. Friedlander -

Please provide an update on this request.

-Shawn