Holiday Emails Between BPD and NSA

Joshua Eaton filed this request with the Boston Police Department of Boston, MA.
Est. Completion None
Status
Withdrawn
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Communications

From: Joshua Eaton

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 emails between employees or contractors of the Boston Police Department and employees or contractors of the National Security Agency between Jan. 1, 2012 and Oct. 2, 2014 that contain the words "birthday," "holiday," "holidays," "Christmas," "XMas," "New Year," "New Years," or "Thanksgiving."

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,

Joshua Eaton

From: Media Relations

October 2, 2014


Joshua Eaton
Muckrock

Dear Mr. Eaton:

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 emails between employees or contractors of the Boston Police
Department and employees or contractors of the National Security Agency
between Jan. 1, 2012 and Oct. 2, 2014 that contain the words "birthday,"
"holiday," "holidays," "Christmas," "XMas," "New Year," "New Years," or
"Thanksgiving."

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: Joshua Eaton

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 1, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: David Estrada

Joshua Eaton
Muckrock

Dear Mr. Eaton:

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 emails between employees or contractors of the Boston Police
Department and employees or contractors of the National Security Agency
between Jan. 1, 2012 and Oct. 2, 2014 that contain the words "birthday,"
"holiday," "holidays," "Christmas," "XMas," "New Year," "New Years," or
"Thanksgiving."
Any and all emails between employees or contractors of the Boston Police
Department and employees or contractors of the National Security Agency
between Jan. 1, 2012 and Oct. 2, 2014 that contain the words "birthday,"
"holiday," "holidays," "Christmas," "XMas," "New Year," "New Years," or
"Thanksgiving."

The records in the Department’s possession will be available to you upon
receipt of payment by check or money order in the amount of $402.50.

Upon receipt of payment in the amount specified, we will forward all
materials to you. Please make any checks payable to the City of Boston and
forward payment to the Office of the Media Relations, One Schroeder Plaza,
Boston, MA 02120 with a copy of this letter for reference.

Sincerely,

Office of Media Relations

Boston Police Department

**Cost based on:*

o Search, Review and Redaction Cost: $262.50

o Copy Cost: $140

Thank you,

Office of Media Relations

Boston Police Department

617-343-3520
www.bpdnews.com

From: Joshua Eaton

Dear Mr. Estrada,

Thanks for your response. Would you mind providing a more detailed breakdown of the estimated search, review, and redaction costs?

Best,
Joshua

From: Joshua Eaton

Dear Mr. Estrada,

In addition to a more detailed breakdown of the estimated search, review, and redaction costs, would you mind providing a breakdown of the copy costs, including a page estimate? I assume that is for printing out the emails. Is the email program capable of exporting them as electronic files, instead? Thanks, again, for your help.

Best,
Joshua Eaton

From: Joshua Eaton

Dear Mr. Estrada,

I'm writing to ask for a more detailed breakdown of (1) the estimated search, review, and redaction costs and (2) the copy costs, including a page estimate. Would you also let me know if BPD can provide these records electronically? Thanks for your help.

Best,
Joshua Eaton

From: David Estrada

Hi Joshua,

My sincere apologies, that estimate was for a previous request.

From: Joshua Eaton

Dear David,

No worries. When do you think you will you be able to provide more information on this request?

Best,
Joshua

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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. 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 Oct. 1, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Joshua Eaton

To Whom It May Concern:

I'm writing to appeal the Boston Police Department's constructive denial of my request for records under the Massachusetts Public Records Law, M.G.L. c.66, §10.

On Oct. 1, 2014, I requested the following records from the Boston Police Department (BPD):

- Any and all emails between employees or contractors of the Boston Police Department and employees or contractors of the National Security Agency between Jan. 1, 2012 and Oct. 2, 2014 that contain the words "birthday," "holiday," "holidays," "Christmas," "XMas," "New Year," "New Years," or "Thanksgiving."

BPD acknowledged receipt of my request on Oct. 2, 2014 and sent me an initial cost estimate on Oct. 23, 2014. However, they informed me on Nov. 7, 2014 that they sent me the wrong cost estimate by mistake. BPD has not sent me any subsequent correspondence regarding my request – despite over 15 emails and multiple phone calls requesting a status update.

This request has gone unanswered substantially beyond the 10-day statutory deadline, and I have not received any response to my requests for information on the status of my request in seven months. As a result, I consider BPD's inaction a constructive denial of my request for records under Massachusetts Public Records Law, M.G.L. c.66, §10, and I appeal this adverse determination in its entirety.

Thank you for your time and attention in this matter.

Sincerely,
Joshua Eaton

From: Rastellini, Patricia (SEC)

Dear Mr. Eaton,

Please be advised that we are unable to open this appeal as the original request was greater than 90 days.

Thank you,

Patricia H. Rastellini
Office Manager
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832

From: Joshua Eaton

Dear Ms. Rastellini,

Thank you for your help. I will withdraw my original request and re-file.

Sincerely,
Joshua Eaton

From: Rastellini, Patricia (SEC)

Again, thanks Mr. Eaton.

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