FOIA - #BlackLivesMatter - PD comms during protests (Boston Police Department)

Dear J Ader
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 6/16/2020 1:19:55 AM and given the reference number B000874-061620 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:

All internal notes, memos, bulletins, alerts, and emails created and/or received from 5/27/2020 to 6/12/2020 containing/mentioning any of the following terms:

- #ICantBreathe
- Icantbreathe
- I Can't Breathe
- George Floyd
- #GeorgeFloyd
- Derek Chauvin
- #DerekChauvin
- #JusticeforFloyd
- Justice for Floyd
- #JusticeforGeorge
- #BlackLivesMatter
- #BLM
- Black Lives Matter

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,

J Ader

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj3SmFwCqGc-tMmfYbORz2o9M%3A1jl3ex%3AVx0l8_XlNBYivW3Bpk0n-HX1JF4&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fboston-police-department-174%252Ffoia-blacklivesmatter-pd-comms-during-protests-boston-police-department-95476%252F%253Femail%253Dshawn.williams%252540boston.gov
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

--- Please respond above this line ---




City of Boston
Mayor Martin J. Walsh
Public Records RE: PUBLIC RECORDS REQUEST of June 16, 2020., Reference # B000874-061620 Dear J : The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. 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).  This letter petitions the Supervisor of Records to permit the City additional time to process your request and to provide an estimate of fees associated with your request.  Specifically, you stated: To Whom It May Concern:

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

All internal notes, memos, bulletins, alerts, and emails created and/or received from 5/27/2020 to 6/12/2020 containing/mentioning any of the following terms:

- #ICantBreathe
- Icantbreathe
- I Can't Breathe
- George Floyd
- #GeorgeFloyd
- Derek Chauvin
- #DerekChauvin
- #JusticeforFloyd
- Justice for Floyd
- #JusticeforGeorge
- #BlackLivesMatter
- #BLM
- Black Lives Matter

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,

J Ader

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj3SmFwCqGc-tMmfYbORz2o9M%3A1jl3ex%3AVx0l8_XlNBYivW3Bpk0n-HX1JF4&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fboston-police-department-174%252Ffoia-blacklivesmatter-pd-comms-during-protests-boston-police-department-95476%252F%253Femail%253Dshawn.williams%252540boston.gov The key words provided are common terms that would likely yield a high volume of records that would need review. Government records custodians are permitted to redact or withhold portions of public records, so long as a specific exemption to the law is cited. See G. L. c. 4, § 7 (26).  Portions of records responsive to your request may contain information that is exempt from disclosure.  Until a review of the records is conducted it is not clear what if any exemptions may apply to permit or require redaction or withholding. The public records law permits a “reasonable fee for the publication of a public record except those records that are freely available for public inspection.”  G. L. c. 66, § 10 (d).  I hereby petition the Supervisor to permit the City of Boston to assess a fee for the search, review, and segregation of records responsive to your request.  An estimate will be provided should the petition be granted by the Supervisor.
The public records law permits a fee of no more than $25.00 per hour to search for and segregate records.  G. L. c. 66, § 10 (d)(ii).  In a petition to the Supervisor for fees, a custodian may request an hourly rate in excess of $25.00.  G. L. c. 66, § 10 (d)(iii), (iv).  While the hourly rates of department personnel required to review the responsive records will likely exceed the $25.00 hourly rate, I do not petition the Supervisor here for an hourly rate that is in excess of $25.00 per hour.  The public records law permits a fee of $.05 per sheet for copies of public records.  As I intend to provide responsive public records in electronic form I do not intend to assess any fees for copies of records. I ask the Supervisor to permit the City to assess a fee for the provision of records responsive to your request.  Should the petition be approved, the City will produce a fee estimate and commence review of responsive records upon receipt of payment of fees made payable to the City of Boston. This letter also petitions the Supervisor to permit the City additional time needed to comply with your request.  The number of hours will be provided with the fee estimate should that petition be approved by the Supervisor.  I ask the Supervisor to permit the City the additional time it requires as will be determined in its fee estimate. I ask the Supervisor to grant the City of Boston’s petitions for additional time and fees with respect to your request for public records.  If this petition is approved, the City will provide a fee estimate and commence work upon receipt of payment. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer

Hello,
Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.

Thank you,

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

--- Please respond above this line ---




City of Boston
Mayor Martin J. Walsh
Public Records 12/02/2020 RE: PUBLIC RECORDS REQUEST of June 16, 2020., Reference # B000874-061620 Dear J : The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. 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 stated:
To Whom It May Concern:

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

All internal notes, memos, bulletins, alerts, and emails created and/or received from 5/27/2020 to 6/12/2020 containing/mentioning any of the following terms:

- #ICantBreathe
- Icantbreathe
- I Can't Breathe
- George Floyd
- #GeorgeFloyd
- Derek Chauvin
- #DerekChauvin
- #JusticeforFloyd
- Justice for Floyd
- #JusticeforGeorge
- #BlackLivesMatter
- #BLM
- Black Lives Matter

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,

J Ader

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj3SmFwCqGc-tMmfYbORz2o9M%3A1jl3ex%3AVx0l8_XlNBYivW3Bpk0n-HX1JF4&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fboston-police-department-174%252Ffoia-blacklivesmatter-pd-comms-during-protests-boston-police-department-95476%252F%253Femail%253Dshawn.williams%252540boston.gov I did not receive a response to my recent correspondence with you.  Should you wish to make a new request to the City of Boston please feel free to do so. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer