K9 usage in Fitchburg Public Schools (Fitchburg Police Department)

To Whom It May Concern:

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

1) A copy of any and all current and active:
a) memorandum of agreements (MOAs); and
b) memorandum of understandings (MOUs); and
c) contracts; and
d) any other formal (official) agreements
between Fitchburg Public Schools and Fitchburg Police department.

2) For ANY AND ALL canine use within the Fitchburg Public Schools between September 1, 2018 and November 1, 2019, provide:
a) the reason(s) for the canine use; and
b) the legal justification for the reason(s); and
c) the dates, times, and duration; and
d) the name of the police department(s) involved; and
e) the name(s) and ID number(s) of the canine(s) involved; and
f) the name(s) and badge number(s) of the employee(s) involved; and
g) the name(s) of the Fitchburg Public School administrator(s) involved; and
h) any and all results; and
f) if requested or required by the Fitchburg Public Schools, the name of the Fitchburg Public School employee requestor(s); and
g) if requested or required by the Fitchburg Police Department, the name of the Fitchburg Police Department employee requestor(s).

I am interested in the internal records from of each department, so this information must be from each department's current records, and not coordinated with any other department, entity, agency, or group, unless that outside department's normally stores internal records for your department. For example, the school providing me with a police report which was on file prior to this public records request is acceptable, but the school requesting a police report in order to fulfill this public records request is not acceptable.

Fees for public records requests are defined in part in Massachusetts law 950 CMR 32.07 (2)(m) for municipal records and 950 CMR 32 (2) in general.

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,

Neal Delfeld

To Whom It May Concern:

This is an appeal of a nonresponse to a request under the Massachusetts Public Records Law filed in November 2019 to Fitchburg Police Departmet. As of today, that agency has not acknowledged this request. Please compel the agency to respond promptly and thoroughly to this request, as required by state law.

Thank you for your time and help.

Original request:

To Whom It May Concern:

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

1) A copy of any and all current and active:
a) memorandum of agreements (MOAs); and
b) memorandum of understandings (MOUs); and
c) contracts; and
d) any other formal (official) agreements
between Fitchburg Public Schools and Fitchburg Police department.

2) For ANY AND ALL canine use within the Fitchburg Public Schools between September 1, 2018 and November 1, 2019, provide:
a) the reason(s) for the canine use; and
b) the legal justification for the reason(s); and
c) the dates, times, and duration; and
d) the name of the police department(s) involved; and
e) the name(s) and ID number(s) of the canine(s) involved; and
f) the name(s) and badge number(s) of the employee(s) involved; and
g) the name(s) of the Fitchburg Public School administrator(s) involved; and
h) any and all results; and
f) if requested or required by the Fitchburg Public Schools, the name of the Fitchburg Public School employee requestor(s); and
g) if requested or required by the Fitchburg Police Department, the name of the Fitchburg Police Department employee requestor(s).

I am interested in the internal records from of each department, so this information must be from each department's current records, and not coordinated with any other department, entity, agency, or group, unless that outside department's normally stores internal records for your department. For example, the school providing me with a police report which was on file prior to this public records request is acceptable, but the school requesting a police report in order to fulfill this public records request is not acceptable.

Fees for public records requests are defined in part in Massachusetts law 950 CMR 32.07 (2)(m) for municipal records and 950 CMR 32 (2) in general.

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,

Neal Delfeld