BPD firearms discharge reports (2010 to 2014)

Shawn Musgrave filed this request with the Boston Police Department of Boston, MA.
Tracking # 17-140
Due June 13, 2015
Est. Completion None
Status
Awaiting Response

Communications

From: Shawn Musgrave

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 written reports of firearm discharges completed from January 1, 2010 to December 31, 2014.
-All preliminary and final reports of the Firearms Discharge Investigation Team submitted from January 1, 2010 to December 31, 2014.
-All final dispositions for firearms discharge reports completed from January 1, 2010 to December 31, 2014.

Per the BPD policy of use of force (see https://static1.squarespace.com/static/5086f19ce4b0ad16ff15598d/t/52af5f30e4b0dbce9d22a80d/1387224880253/Rule+303.pdf):

"A full written report of the discharge must then be made prior to the termination of the officer's tour of duty, unless medical reasons dictate that the report be made at a later date.

[....]

Shall submit a preliminary report within five (5) days to the Commander, Homicide Unit, to the Commander of the District or Unit where the officer is assigned and to the Commander of the District or Unit where the discharge occurred, to the Bureau Chief of the appropriate command
and to the Superintendent-In-Chief. [....] The Firearm Discharge Investigation Team shall submit a comprehensive, detailed report, with recommendations, within thirty (30) days to the Commander of the Homicide Unit and to the Superintendent-in-Chief. An extension may be granted to the thirty (30) day time frame with the permission of the Superintendent-In-Chief.

[....]

Upon receiving a report pertaining to a firearms discharge and investigation by the Firearm Discharge Investigation Team, the Superintendent-in-Chief may accept it or return the report with a request for further information or clarification."

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,

Shawn Musgrave

From: Media Relations

June 3, 2015

Shawn Musgrave
Muckrock

Dear Mr. Musgrave:

Pursuant to G. L. c. 66, § 10 (b), this correspondence is to confirm
receipt of your request for documents that are potentially in the
possession, custody or control of the Boston Police Department.
Specifically, you have requested:

-All written reports of firearm discharges completed from January 1, 2010
to December 31, 2014.
-All preliminary and final reports of the Firearms Discharge Investigation
Team submitted from January 1, 2010 to December 31, 2014.
-All final dispositions for firearms discharge reports completed from
January 1, 2010 to December 31, 2014

We will contact you as soon as possible with our findings, and will send
you a cost estimate for your requested materials if fulfilling the request
is expected to exceed $10.00, per 950 C.M.R. 32.06(1); 950 C.M.R. 32.03;
M.G.L. c 66 § 10(a).

Please be advised that we research each request in the order it was
received, and it may take longer than ten days to be fulfilled. If your
request requires a substantial amount of research, reviewing and redacting,
fulfilling the request will take a significant amount of time. Please plan
accordingly.

Thank you,

Office of Media Relations

Boston Police Department

617-343-3520
www.bpdnews.com

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 June 3, 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: 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 June 3, 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: 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 June 3, 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: 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 June 3, 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: 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 June 3, 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: 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 June 3, 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: 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 June 3, 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: Shawn Musgrave

To Whom It May Concern -

The Boston Police Department has failed to respond to this request for more than a year. I hereby ask that the Supervisor of Records direct the department to comply with its obligations under the Public Records Law, namely to conduct a good faith search and provide responsive documents.

Respectfully,
Shawn Musgrave

From: Sullivan, Kellie (SEC)

Good afternoon Mr. Musgrave,

Thank you, received and acknowledged.

Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Sullivan, Kellie (SEC)

Good afternoon Mr. Musgrave,

Please find attached this office's letter of acknowledgement opening your appeal with the Boston Police Department.

Thank you,

Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Sullivan, Kellie (SEC)

Good afternoon Mr. Musgrave,

Please find attached this office's letter of determination in the matter of your appeals with the Boston Police Department, numbered SPR 17/138, SPR 17/139, and SPR 17/140.

Thank you,

Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Sullivan, Kellie (SEC)

Good morning Mr. Musgrave,

I am writing today in regards to compliance with the above referenced appeals with the Boston Police Department. Have you received a response? If you have not received a response, or are not satisfied with the response provided, and would like further assistance you may email this office at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>. This email should include a copy of the response provided and a brief narrative explaining your reasons for appealing.

If you have any questions you may contact this office by phone or email.

Thank you,

Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Shawn Musgrave

Hi Kellie -

No, I have not received any further responses from the BPD as to any of my requests which I appealed to the SPR for unresponsiveness. Did the BPD provide a timeline for responding? I'll also circle back with them.

Thanks,
Shawn

From: Sullivan, Kellie (SEC)

Good afternoon,

Please see attached.

Thank you,

Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

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