It is a clone of this request.
|Submitted||June 19, 2015|
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To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
All policies and training materials maintained by the department regarding use of force.
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.
Please confirm receipt of this request under the Massachusetts public records statute. The Massachusetts State Police have released their use of force policy, as has Boston Police Department, Cambridge Police Department and Somerville Police Department.
I have received Detective Lieutenant DiDomenica's response to my request for BUPD's incident reports from the recent shooting. Please confirm whether BUPD similarly rejects my request for the department's use of force policy and training materials.
July 1, 2015
DEPT MR 18979
PO Box 55819
Boston, MA 02205-5819
Your request for records of the Boston University Police Department concerning the use of force policy and training materials is declined. As a private educational institution, under Harvard Crimson, Inc. v. President And Fellows of Harvard College, 445 Mass. 745, 840 N.E.2d 518 (2006), our records are not "public records" as defined in General Laws c. 4, § 7, Twenty-sixth, and are therefore not subject to mandatory disclosure under the Massachusetts public records law, G.L. c. 66, § 10. If you would like to pursue these records by subpoena, please forward the subpoena to Sheila O'Leary, Associate General Counsel, Office of the General Counsel, 125 Bay State Road, Boston, Massachusetts 02215. Please contact me with any questions you may have.
Detective Lieutenant Peter J. DiDomenica
Boston University Police Department
32 Harry Agganis Way
Boston, MA 02215