Police reports following Sen. Susan Collins calling the police re: a chalk message outside her home
| Submitted | May 10, 2022 |
| Est. Completion | None |
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Communications
From: Russel Neiss
To Whom It May Concern:
Pursuant to the Maine Freedom of Access Act, I hereby request the following records:
Any after action or incident reports related to a May 7th call to investigate a chalk message outside Sen. Susan Collins West Broadway home in Bangor.
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 1 M.R.S.A. § 408(6). 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 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 5 business days, as the statute requires.
Sincerely,
Russel Neiss
From: Bangor Police Department
Hi Russ
As of this date, we are in receipt of your request of documents pursuant to the Maine Freedom of Access Statute. We are in the process of reviewing your request and searching our records for the requested information. Once identified, the information will be reviewed to determine if any material is deemed confidential under the statute. Pursuant to 1 M.R.S.A. §408(1), we will provide the information within a “reasonable period of time” but without unnecessary delay. We will contact you prior to the reproduction of documents to inform you of the anticipated fee for copying, as well as the fees, if any, for the actual searching, retrieval, and compiling of the documents, including any redaction of confidential or investigative information.
Thank you for your inquiry.
Please feel free to contact us if we can be of any further assistance.
I will include you in group email response to all who have requested information.
Sergeant Wade Betters
Public Information Officer
Bangor Police Department
wade.betters@bangormaine.gov<mailto:wade.betters@bangormaine.gov>
(207) 947-7384 ext. 5708
From: Bangor Police Department
Hello
Each of you have either sent me an email, or called about our recent response to a residence located at 28 West Broadway. I've included a redacted copy of the responding officers report. The short version is: A local resident discovered a message, written in chalk, on the sidewalk near their home. The message wasn't threatening, (no crime was committed), and was washed away by our pubic works department. We have not yet identified the person(s) responsible for writing the message. No photos, or further information will be released.
Have a good day.
Sergeant Wade Betters
Public Information Officer
Bangor Police Department
wade.betters@bangormaine.gov<mailto:wade.betters@bangormaine.gov>
(207) 947-7384 ext. 5708
From: Bangor Police Department
I just realized I failed to redact two names from the very last page. I would appreciate it none of you used that information. Although, the people involved are political figures, they still have (some) right to privacy.
Thank you!
Sergeant Wade Betters
Public Information Officer
Bangor Police Department
wade.betters@bangormaine.gov<mailto:wade.betters@bangormaine.gov>
(207) 947-7384 ext. 5708
From: Russel Neiss
Thanks so much for this speedy response. Any chance I can get the copies of the photos that Officer Hayward took and the letter that was sent to Sgt. Farrar referenced on Page 4?
Again, thanks
From: Russel Neiss
Additionally -- under what legal authority are you making these redactions?
From: Bangor Police Department
No, we’re not releasing those/that information. Title 16 Sec 804 Sec 1, and 3.
I’m signing off for the night, so have a good evening!
Sergeant Wade Betters
Public Information Officer
Bangor Police Department
wade.betters@bangormaine.gov<mailto:wade.betters@bangormaine.gov>
(207) 947-7384 ext. 5708
From: Bangor Police Department
Complaints, whether political figures or famous actors still enjoy (at least) some “right to privacy.” In most instances, the police can’t tell you who called, or with whom they dealt with, but we can tell you “why” we responded to certain place/address. The rules around this are a bit more flexible when/if we charge someone with a crime. In short, the public’s right to know, seldom outweighs a person’s right to privacy.
Have a good evening!
[cid:image001.png@01D86498.239B0C40]
Sergeant Wade Betters
Public Information Officer
Bangor Police Department
wade.betters@bangormaine.gov<mailto:wade.betters@bangormaine.gov>
(207) 947-7384 ext. 5708
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image001
From: Russel Neiss
Thank you Sergeant,
Previously in our correspondence you mentioned "The message wasn't threatening, (no crime was committed)" -- how does that jive with assertion of redaction based on §804.1?
Again, thanks.
From: Bangor Police Department
I’m buried in requests, and no time to debate this. If you’d like, you can refer that question to Bangor City Legal Dept.
Have a good day.
Sergeant Wade Betters
Public Information Officer
Bangor Police Department
wade.betters@bangormaine.gov<mailto:wade.betters@bangormaine.gov>
(207) 947-7384 ext. 5708
From: Russel Neiss
Thanks again Sergeant -- best of luck on this one, hope it passes quickly.
From: Russel Neiss
To whom it may concern:
I'm writing at the suggestion of Sergeant Wade Betters to seek clarification around a series of redactions around a FOAA request for the incident report related to the chalking of the street outside Senator Collins' house (see the request and correspondence below).
When sending along the request Sergeant Betters noted, "The message wasn't threatening, (no crime was committed)," but when asked to justify the redactions he cited Title 16 Sec 804 Sec 1, which is an exemption that should not apply since by the department's own admission, no crime was committed and therefore there is nothing in the report that could interfere with criminal law enforcement proceedings.
Are you willing to release this incident report without these erroneous redactions, or will I be forced to exercise my rights under §409 of the state's FOAA law?
Thanks so much for your time and attention to this matter,
Russel Neiss
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