Training materials relating to 28 CFR Part 23 (Boston Regional Intelligence Center (BRIC))

Alex Marthews filed this request with the Boston Regional Intelligence Center (BRIC) of Boston, MA.
Tracking #

B000844-032123

Multi Request Training materials relating to 28 CFR Part 23
Status
Rejected

Communications

From: Alex Marthews

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Alex Marthews

From: Boston Regional Intelligence Center (BRIC)

Dear Muckrock News
Thank you for your interest in public records of Boston Police Department. Your request has been received and is being processed. Your request was received in this office on 3/21/2023 11:13:26 AM and given the reference number B000844-032123 for tracking purposes.
If this is a media request, please contact the Office of Media Relations directly at 617.343.4520.
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Alex Marthews

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

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

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center.
Director, Public Information
Boston Police Department

Track the issue status and respond at: https://bostonma.govqa.us/WEBAPP//_rs/RequestEdit.aspx?rid=21889 (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsjgEH-2BMm7DPdY3-2Bl9Nl4WumbCbgX7HeL3wE7Jso82hTYrIaS0cil8lWFyLo6S2GzC0-3Do2k2_560JhuSQl31H0niC41v8cY-2BS8heuYSvFl5mo13GluQVa6KmrY-2BkFuk3zQF3JT0Ih1dwuDqUMW00bysza9NK6YN4S9GSIe0igLKxKQGRucmdZTIKo5ow5FELp0SEIRFMNFjA9M7Dm0znDdxQUCgV455J3ixrIThKhQJNh-2FxlKzz68M6FzME8j6dAXpKTVmoS9BJBYElI3lNZrnz-2FQPIHBSUkgJatOqFaB8rYJzVyOFOXSsnRRXkgP86l-2BskOEJWmG3oxgmiwTd3qxUW91LNjyrpxpvUojRWh39ZzOHhjdFgTLSNVO3fjhU0leDGZnUdK1v1-2FV8L4x-2B5HgKJbyJculu-2FKRY9D87ggWZPO8DH96OSNdHThcTUYRzOay9vzWTnPxlL7ZBQMRxp3KcT1eUp4UjA-3D-3D)

From: Boston Regional Intelligence Center (BRIC)

--- Please respond above this line ---
04/04/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records with respect to responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Alex Marthews

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

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

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable. I see that a response to your March 21, 2023 request is due today. I have checked the status of your request and it appears to be in the final stages of fulfillment. I will provide an update to you once additional information is provided to me by the department. Very truly yours, Bianca V. Crockett, Esq. Assistant Corporation Counsel City of Boston One City Hall Square Boston, MA 02201 Bianca.crockett@boston.gov (mailto:Bianca.crockett@boston.gov)
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsj8PZ-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxMg-2BXPZIl3u6sFQdByPC9TVD1p-2BgZfYhuvxBnQnqTGsRdntC_560JhuSQl31H0niC41v8cY-2BS8heuYSvFl5mo13GluQVa6KmrY-2BkFuk3zQF3JT0Ih1dwuDqUMW00bysza9NK6YIwPqEPJTpG8xA9DQdzIn3TprQwOqaVVE8p13yqMYZzhYmXd9KRr9pSsuWDfLmJBV7P8l5UBmNsQ1A97-2FtDRCZwWiUJKksHkygFBgad3mwlooJ2hVYOVQIb1lo0GqGc4n7GmkwFXLtUzNM-2BYoodKYImxiPFx7gHKBruYj32PgPA4bkc4NCEknisyy-2BvVm-2BJCLXAXRbMf9zaKclNOtX6AJoAJprogk0ogHdlwItWDX88g4F-2FLsGshRynNF1D3LueSZvHnQVPq0rY92q9pX4J5C27z9BPrPhNao4hRzd7QiicZzc8XeN0UtM2-2FBSpm8rXaRg-3D-3D)

From: Boston Regional Intelligence Center (BRIC)

--- Please respond above this line ---
04/13/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023., Reference # B000844-032123 Dear Muckrock: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records concerning responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Alex Marthews

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

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

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable. The responsive records relate to BRIC personnel annual training on 28 CFR Part 23.  In addition, BRIC personnel receive annual training from the attorney assigned to the BRIC, which includes discussion on 28 CFR Part 23.

"The responsive records relate to BRIC personnel annual training on 28 CFR Part 23. In addition, BRIC personnel receive annual training from the attorney assigned to the BRIC, which includes discussion on 28 CFR Part 23. On or around November 16, 2022, BRIC attorney, Teresa Anderson, authored and created a powerpoint presentation for this training.

These materials are withheld in full and exempt from production under the attorney-client privilege. See e.g., Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 450 n.9 (2007) (confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance are protected under the normal rules of the attorney-client privilege). These materials were were created by the attorney assigned to the BRIC, presented to BRIC personnel, and for the purpose of providing legal advice. See G.L. ch. 66, § 10A(a). The client is the BRIC and the privilege has not been waived.

You may appeal this response to the Supervisor of Records in the Office of the Secretary of the Commonwealth. G. L. c. 66, § 10A (c); G. L. c. 66, § 10(b)(ix); 950 CMR 32.08; 950 CMR 32.08(1)(h) (in petitioning the Supervisor, the requester shall provide a copy of such petition to the records access officer associated with such petition). You may also appeal to the Superior Court. 950 CMR 32.06(3)(c).

Very truly yours,

Shawn A. Williams, Esq.

Director of Public Records

Records Access Officer"

From: Alex Marthews

Hi,

You stated on 4/13/2023 that, "The City of Boston (City) has received your request for public records. This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115. It is expected that a custodian of records must use her superior knowledge of her records concerning responses to public records requests. 950 CMR 32.04(5)." I construe this to mean that you believe that the records in question either do not exist, or are not in the custody of the City. The records exist, and are in the custody of the City. Specifically, the City's fusion center, namely the Boston Regional Intelligence Center, run out of Boston PD, has disclosed in prior public records requests that they conduct this training annually.

Please obtain these records from BRIC and disclose them in response to this request.

Best wishes
Alex.

From: Boston Regional Intelligence Center (BRIC)

--- Please respond above this line ---
05/05/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records with respect to responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Alex Marthews

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

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

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable. Boston Police informed me that a sentence was inadvertently omitted from the response dated April 13: All BRIC personnel complete annual training on 28 CFR Part 23, available at: https://28cfr.ncirc.gov/
Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer

From: Boston Regional Intelligence Center (BRIC)

Attachments:
B000844-032123_Response.pdf (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsgHvGf-2BwWDpUWdByxxUM-2BUwKVX7hmLnzc2OI2jBSrkN503-2FgJNJUnMbQ0QpbPUwNDRAGHSMi6NX6UJSOWAW5k2-2Fr-2FmA-2BIF4W8wWEl1MJyX5vIVmXm9oCWAhdpm4h2F05KeYwtYhORHELl7lW9irEtCkMXXzdedCt0RxtpRzJfRJyA-3D-3DZAPQ_560JhuSQl31H0niC41v8cY-2BS8heuYSvFl5mo13GluQVa6KmrY-2BkFuk3zQF3JT0Ih1dwuDqUMW00bysza9NK6YCg1zXo-2B8MCzIKlDYqAzF-2BdLuxftv1FeqJ9HxVivzRd5XBszaZ-2FDd8a1HE6dExbG-2F1f4RI-2FEMkJ2pvDO4C-2FNTCZSlIIflC6C-2FZ1O4b3QE479R9DhjJb6Z-2BNA0Mdil4D6rxJ5-2B0Aes9d3Usd7nQokSstSAornWoXtJoB2wDzH2PY7GmyAZGY7YmABs87zMqBusOPvpizfzDnrQgMQp411lqrlwGRzs2-2Fs-2F009XmpGvxyV-2FEMbMEDIYPpfOWqyZFfDTlhSJ4vrjze0-2F1qXkd5LZuujjajq44O-2Fr0hspeFwkSvSjqZy8PVdzZRqsKCJ1sUSfQ-3D-3D)

--- Please respond above this line ---
06/20/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records with respect to responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Alex Marthews

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

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

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

[SPR23/1193] An additional response was provided to you on May 5, 2023.  Another copy is attached. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer

From: Boston Regional Intelligence Center (BRIC)

--- Please respond above this line ---
07/07/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records with respect to responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

[SPR23/1193] Thank you for your June 22 and July 7, 2023 communications seeking an update on the City's response to the Supervisor's determination regarding your administrative appeal.  Per the findings of the Supervisor the City must provide the information required in a privilege log to support its attorney-client privilege claim.  Further, the City must confirm whether any other records exist.  See SPR23/1193 Determination of the Supervisor of records (June 16, 2023). I contacted the Boston Police to obtain this additional information and I will provide an update as soon as one is available.  Please note I changed the status of this request to open and under SPR Appeal. If you have further questions please reply to this communication and be sure to use the reference number provided above. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer

From: Boston Regional Intelligence Center (BRIC)

--- Please respond above this line ---
07/11/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023., Reference # B000844-032123 Dear Muckrock: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records concerning responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Alex Marthews

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

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

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

[SPR23/1193] The Supervisor of Records found the City must provide additional information regarding the attorney-client privilege.  Further, the Supervisor found the City must explain whether any other records exist.  I contacted the Boston Police BRIC for additional information regarding this request. All BRIC personnel complete annual training on 28 CFR Part 23, available at: https://28cfr.ncirc.gov/.  These materials are proprietary and authored and maintained by the Bureau of Justice Assistance (BJA).  BJA limits access to their training materials to law enforcement agencies.  The materials are not otherwise in the Department’s care, custody, or control.

All BRIC personnel attend annual in house training regarding Privacy, Civil Rights, and Civil Liberties.  These training materials include a PowerPoint presentation authored by BRIC Attorney Teresa Anderson for the purpose of providing legal advice to BRIC personnel.  One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request.  The single slide of the presentation regarding 28 CFR Part 23 that is responsive to this request is withheld and protected by the attorney-client privilege.
Date of record: Created on or around November 16, 2022
Author and recipients: BRIC Attorney Teresa Anderson for personnel assigned to the BRIC
General description of contents: PowerPoint presentation for annual training provided to BRIC personnel entitled “Privacy, Civil Rights, and Civil Liberties.”  One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request.
Reason for withholding: These materials are withheld in full and exempt from production under the attorney-client privilege. See e.g., Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 450 n.9 (2007) (confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance are protected under the normal rules of the attorney-client privilege).  These materials were were created by the attorney assigned to the BRIC, presented to BRIC personnel, and for the purpose of providing legal advice. See G.L. c. 66, § 10A(a).

There are no other documents. You may appeal this response to the Supervisor of Records in the Office of the Secretary of the Commonwealth. G. L. c. 66, § 10A (c); G. L. c. 66, § 10(b)(ix); 950 CMR 32.08; 950 CMR 32.08(1)(h) (in petitioning the Supervisor, the requester shall provide a copy of such petition to the records access officer associated with such petition).  You may also appeal to the Superior Court.  950 CMR 32.06(3)(c). Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer

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