BPD Internal Affairs Compliment and Complaint

Shreyas Puducheri filed this request with the Boston Police Department of Boston, MA.
Tracking #

B000494-022124

Status
Rejected

Communications

From: Shreyas Puducheri

To Whom It May Concern:

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

Internal Affairs Compliment and Complaint for the following fields:

– Incident number
– Incident Type
– Complaints regarding Use of Force
– Officer name,
– Validity of Incident
– Action Taken
– Officer City of Boston ID (6-digits)
– Report narrative

We believe that the listed fields should be readily available. In the case that any of the listed fields are not immediately available, please contact me via email (buspark@bu.edu, spuduch@bu.edu).

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,

Shreyas Puducheri

From: Boston Police Department

Dear Shreyas Puducheri
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 2/21/2024 9:43:39 PM and given the reference number B000494-022124 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:

Internal Affairs Compliment and Complaint for the following fields:

– Incident number
– Incident Type
– Complaints regarding Use of Force
– Officer name,
– Validity of Incident
– Action Taken
– Officer City of Boston ID (6-digits)
– Report narrative

We believe that the listed fields should be readily available. In the case that any of the listed fields are not immediately available, please contact me via email (buspark@bu.edu, spuduch@bu.edu).

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,

Shreyas Puducheri

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Director, Public Information
Boston Police Department

From: Boston Police Department

--- 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.

Files

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