State Senator Nia Gill (D-Essex) said Tuesday she will send a letter to the state Attorney General seeking the guidance on 1033 program
A New Jersey lawmaker is questioning whether municipalities bypassed the law when they received nearly $40 million in equipment, including 13 heavily-armored vehicles.
State Senator Nia Gill (D-Essex), who led the charge for transparency in the federal 1033 program locally, said Tuesday she will send a letter to the state Attorney General seeking the guidance given to local law enforcement and governments on acquiring military surplus equipment.
State Senator Nia Gill (D-Essex) "The process outlined by local agencies and the state police for approving and acquiring equipment under the 1033 program appears to be in circumvention of the law," Gill said referring to an article published by NJ Advance Media looking at the process over the last two years.
"Having military equipment in our communities is not an issue that should be taken lightly, and taking a public vote to participate in the program and to approve the acquisition of specific pieces of equipment is what the law requires."
Gill sponsored the state legislation signed into law by Gov. Chris Christie in 2015 requiring local governing bodies to publicly vote on resolutions to join the federal program and each time the municipal police department seeks military supplies.
The law, however, has been interpreted differently. Most of the debate of potential military surplus acquisitions goes on in private between local officers and elected officials with oversight from the State Police, according to Lt. Robert Aponte, the state's 1033 program coordinator.
Only the high-profile pieces of military equipment, such as MRAPs or aircrafts, are required to be approved in a resolution within 30 days of the pieces arriving in the municipality, Aponte said. Every agency is required to justify the use of each acquisition with the State Police in mandated paperwork.
State and local law enforcement officials have touted the program as a way for police departments to prepare for worst-case scenarios and help offset their cash-strapped budgets.
The program, which started in the late-1990's as a way to repurpose surplus military gear at minimal cost to local law enforcement, became the focal point of a national political back-and-forth over the militarization of police in the wake of protests in Ferguson, Mo.
"There is no doubt that this process requires the utmost transparency," Gill said. "Our police departments are part of our communities, not occupying forces and residents deserve to be part of the process. We have a law that requires a public vetting of these transfers and it must be followed."
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.