Equitable Sharing Agreement and Certification Forms (Boston Police Department)

Curtis Waltman filed this request with the Boston Police Department of Boston, MA.
Tracking #

B000481-080717

Status
Completed

Communications

From: Curtis Waltman

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

-The Equitable Sharing Agreement and Certification forms submitted as required to the United States Department of Justice for the years 2014 through 2016.
-Total civil asset forfeiture figures per year for the years 2010 through the date this request is processed.

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 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,

Curtis Waltman

From: Media Relations

7 July 2017

*via email*

*requests@muckrock.com *

Re: July 7, 2017 Public Records Request #*B000481-080717*

Dear Mr. Waltman,

The Boston Police Department (BPD) received your July 7, 2017 request for
public records. This letter shall act as the response to your request for
public records. A response to a public records request must be provided
within ten (10) business days from the business day a written request was
received. G. L. c. 66, § 10 (a); 950 CMR 32.06(2)(b). It is expected that
all public records responsive to a request will be provided within
twenty-five business days from the business day a written request was
received. G. L. c. 66, § 10(b)(vi); 950 CMR 32.06(2)(i). This response
applies only to records that exist and are in the custody of the BPD. *See*
*A Guide to the Massachusetts Public Records Law*, p. 32, n.115. It is
expected that a custodian of records must use her superior knowledge of her
records with respect to responses to public records requests. 950 CMR
32.04(5).

Specifically, you requested: The Equitable Sharing Agreement and
Certification forms submitted as required to the United States Department
of Justice for the years 2014 through 2016. Total civil asset forfeiture
figures per year for the years 2010 through the date this request is
processed.

Pursuant to the Massachusetts law a municipal records custodian is
permitted to assess fees for the provision of public records. G. L. c. 66,
§ 10 (d); 950 CMR 32.07. There is a presumption under the Massachusetts
Public Records Law that government records are public; however, government
records custodians are permitted to redact or withhold portions of public
records. See G. L. c. 4, § 7 (26).

After a determination regarding the existence of any public records the BPD
will provide a supplemental response to your request. Any exemptions to
the Public Records Law that apply to permit or require redaction or
withholding will be described at that time, along with any applicable fees.

Under Massachusetts law you may appeal this response to the Supervisor of
Records in the Office of the Secretary of the Commonwealth. G. L. c. 66, §
10A; 950 CMR 32.08. If you have any questions or concerns, please call
617.343.4520 <(617)%20343-6660>.

Respectfully,

Lieutenant Detective Michael McCarthy

Director, Media Relations

From: Boston Police Department

A copy of documents responsive to the request.

From: Media Relations

Mr. Waltman,

Please be advised that a response to this request was mailed via US Mail on
October 6, 2017.

Thank you,

Lt McCarthy

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