Fentanyl Policy Changes (BPD)

Nathanael King filed this request with the Boston Police Department of Boston, MA.
Tracking # B000401-063017
Status
Completed
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Communications

From: Nathanael King

To Whom It May Concern:

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

Any and all memoranda, training materials, guidelines, statements of policy, policy changes, legal advice, legal opinions, legal memoranda, and legal briefs regarding the drug fentanyl since Jan. 1, 2011.

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,

Nathanael King

From: Jennifer Samson

Hello:
I will be out of the office on Monday, June 19, 2017. If you require immediate assistance, please contact the Office of the Legal Advisor at 617.343.4550.  Thank you.
--

Thank you

Jennifer Samson
Legal Assistant
Boston Police Department
Office of the Legal Advisor
One Schroeder Plaza, 4th Floor
Boston, MA 02120
617.343.4550 (p)
617.343.4609 (f)
CONFIDENTIALITY NOTICE : The information contained in this electronic mail transmission isintended by the Boston Police Department's Office of the Legal Advisor for the use of the named individualor entity to which it is directed and may contain information that isprivileged or otherwise confidential. If you have received this electronic mailtransmission in error, please delete it from your system without copying orforwarding it, and notify the sender of the error by reply e-mail so that thesender's address records can be corrected.

From: Media Relations

Mr.King,

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:

Any and all memoranda, training materials, guidelines, statements of
policy, policy changes, legal advice, legal opinions, legal memoranda, and
legal briefs regarding the drug fentanyl since Jan. 1, 2011.

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.

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

From: Media Relations

09 August 2017

*via email*
requests@muckrock.com

Re: May 25, 2017 Public Records Request #B000401-063017

Dear Mr.King,

The Boston Police Department (BPD) received your May 25, 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: Any and all memoranda, training materials,
guidelines, statements of policy, policy changes, legal advice, legal
opinions, legal memoranda, and legal briefs regarding the drug fentanyl
since Jan. 1, 2011.

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).

Please find all responsive documents to your request attached in this email.

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

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