To Police Dept of Arlington, MA - Re Police Report of Stabbing Incident, Jan 2011

Susan A. filed this request with the Arlington Police Department of Arlington, MA.
Est. Completion None
Status
Withdrawn

Communications

From: Susan A.

To Whom It May Concern at

Records - Arlington Police
112 Mystic St.
Arlington, MA 02474
Phone:(781) 316-3932
Fax:(781) 316-3933

http://www.arlingtonma.gov/Home/Components/BusinessDirectory/BusinessDirectory/43/94?backlist=%2fdepartments%2fpolice%2frecords :

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Seeking a certified copy of the Jan 2011 police report(s) on the stabbing incident in Arlington, MA described in this local newspaper article:

http://www.wickedlocal.com/x536399916/Arlington-police-investigate-stabbing-near-Sons-of-Italy#axzz1hkTUVIUU

Arlington police investigate stabbing near Sons of Italy

The Arlington Police Department is actively investigating the alleged stabbing of a 30-year-old male that reportedly took place near the Sons of Italy parking lot early Friday morning.

By Maria Chutchian/Staff Writer

Posted Jan. 28, 2011 at 12:01 AM
Updated Jan 28, 2011 at 11:36 PM

The Arlington Police Department is actively investigating the alleged stabbing of a 30-year-old male that reportedly took place near the Sons of Italy parking lot early Friday morning...
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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 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 10 calendar days, as the statute requires.

Sincerely,

Susan Alyn

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 31, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Arlington Police Department

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 31, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Susan A.

Dear Captain Julian Flaherty, Arlington Police:

Thank you for your response to the public records request. Please note that I have dealt with many local, state and federal agencies, and made over 75 public record requests through MuckRock, and not one has had any difficulty reading the very legible, typed, fax sent by MuckRock requesting public records.

With respect to your rejection of my request -- I read the laws you cited, but it seems to me you can provide a copy of the public records I requested by redacting any information you feel should be exempt.

Specifically, I believe the law acknowledges a "segregable portion" of a public record may exist, and states:

SECTION 5. Section 10 of said chapter 66 is hereby amended by striking subsections (a) and (b) and inserting the following:--

“(a) Every person having custody of any public record, as defined in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, including public record information which may be separately retrieved from an electronic record, to be inspected and examined by any person, under his supervision, and shall furnish one copy thereof upon payment of a reasonable fee not to exceed the actual cost of reproducing the record."

In the law you cite, the "data" you believe should be exempt from disclosure can be redacted from the rest of the public record.
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Twenty-sixth, "Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth...
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Consequently, please let me know the fee for a certified copy of the requested public records under your control, and provide the requested public records via US mail to MuckRock, redacting whatever portion you believe to be exempt from disclosure.

Thank you.

Susan Alyn

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 31, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Jessica Walsh

Good Morning,

I am writing to confirm that you received our letter response sent via first
class US Mail on December 28, 2015 in response to your records request.

Please see attached letter that was sent.

I received a follow up fax on the request today, January 8, 2016, and just
wanted to make sure you received our package.

Thank you.

If you have any questions please feel free to contact me.

Best Regards,

Jessica L. Walsh

Arlington Police Department

112 Mystic Street

Arlington, MA 02474

Phone: (781) 316-3943

Fax: (781) 316-3933

www.arlingtonma.gov

CONFIDENTIALITY NOTICE: The information contained in this email and any
attachment is privileged and confidential law enforcement information. If
you are not the intended recipient, you are hereby notified that any
disclosure, dissemination, or copying of this communication is strictly
prohibited. If you have received this email in error, please call
781-316-3932 immediately. Thank you!

From: Susan A.

Dear Jessica Walsh:

Thank you for your email. I have now asked MuckRock about the package you sent them, as I have not yet seen it.

Susan Alyn

From: MuckRock

Jessica, hello!
Apologies - it appears as if this request was somehow duplicated. We have received the documents and closed out the other request, and will do this for this one as well.
Thanks.

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