Boston Unsolved murder (Boston Police Department)

Dear Albert Serna
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 1/8/2024 8:58:23 PM and given the reference number B000070-010824 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 list and or database of unsolved murders/homicides, including but not limited to:

• Datasets and/or databases that house such information
• All releasable information related to the murdered person
• Any other data structures used for the management of records: digital, paper, and otherwise

I request that you release records for this request on a rolling basis as they become available and in electronic form. If your agency does not maintain these public records, please let me know who does and include the proper custodian's name and address. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

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, and is not made 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,

Albert Serna Jr.

Upload documents directly: https://www.muckrock.com/
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=28906

--- Please respond above this line ---

First, your request does not comply with the Public Records Law (PRL), G.L. c. 66 and 950 C.M.R. 32.00. Your request is excessively broad, and so broad that it is not permitted by the PRL. The Supervisor of Public Records requires that public records requests must reasonably describe the records sought. G. L. c. 66, § 10(a)(i).
In a recent Suffolk Superior Court case, the court found that under the PRL “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” , Suffolk. Sup. No. 1784CV02087, at 2 (January 23, 2019). Chawla v. Dep't of Revenue
The court further indicated “[r]equests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will satisfy this statutory standard.” not Id. (emphasis in original).
In accordance with G. L. c. 66, § 10(a)(i) and the Chawla decision described above, whereas you seek “all information and documents” or “any and all communications, documents, e-mails, text messages, voice recordings, and other information or tangible evidence” “pertaining” to elections for example, it is unclear with “sufficient particularity” which records you seek. Thus, your request “calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘[regarding]’ the category of materials requested.” Chawla, at 2.
Therefore, your request is not legal and not permitted under the PRL.

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Public Record Request of 1/8/2024 Reference No: B000070-010824 Dear Albert Serna: The Boston Police Department (Department) received your  request for public records.  This letter shall act as the response to your request for public records. Please note this response will apply only to the records that exist and are in the custody of the Department. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must user her superior knowledge of her records with respect to responses to public records requests.  See 950 C.M.R. 32.04(5). Specifically, you requested: To Whom It May Concern:

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

A list and or database of unsolved murders/homicides, including but not limited to:

• Datasets and/or databases that house such information
• All releasable information related to the murdered person
• Any other data structures used for the management of records: digital, paper, and otherwise

I request that you release records for this request on a rolling basis as they become available and in electronic form. If your agency does not maintain these public records, please let me know who does and include the proper custodian's name and address. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

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, and is not made 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,

Albert Serna Jr.

Upload documents directly: https://www.muckrock.com/ In response to your request, a comprehensive search was conducted with the information you provided.  We were unable to find any records that would be responsive to this request. After several conversations, we do not keep data in this fashion and this would be considered research.  I wish you the best of luck on your podcast.  If you have been denied records by the Boston Police Department, you have the right to appeal this decision with the Supervisor of Public Records at the Public Records Division of the Secretary of the Commonwealth.