Holiday Emails Between BPD and NSA
| Tracking # |
SPR16712; 15-565 |
| Submitted | June 19, 2015 |
| Est. Completion | None |
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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 (BPD) and employees or contractors of the National Security Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words "birthday," "holiday," "holidays," "Christmas," "XMas," "New Year," "New Years," or "Thanksgiving." This request includes emails sent from personal email accounts.
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
June 23, 2015
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 (BPD) and employees or contractors of the National Security
Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words
"birthday," "holiday," "holidays," "Christmas," "XMas," "New Year," "New
Years," or "Thanksgiving." This request includes emails sent from personal
email accounts.
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: 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 June 19, 2015. 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
MASSACHUSETTS PUBLIC RECORDS LAW APPEAL
________________________
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 June 19, 2015, I made the follow request for records to the Boston Police Department (BPD):
"Any and all emails between employees or contractors of the Boston Police Department (BPD) and employees or contractors of the National Security Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words 'birthday,' 'holiday,' 'holidays,' 'Christmas,' 'XMas,' 'New Year,' 'New Years,' or 'Thanksgiving.' This request includes emails sent from personal email accounts."
BPD acknowledged receipt of my request on June 23, 2015. However, BPD has not issued a response to my request within 10 calendar days, as required by the statute. BPD also has not responded to my email inquiry as to the status of this request, sent on July 8, 2015.
Please note that this request for record is a resubmission of a previous request for the same records, to which BPD also failed to respond.
I consider BPD's inaction a constructive denial of my request for records under the 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: Joshua Eaton
MASSACHUSETTS PUBLIC RECORDS LAW APPEAL
________________________
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 June 19, 2015, I made the follow request for records to the Boston Police Department (BPD):
"Any and all emails between employees or contractors of the Boston Police Department (BPD) and employees or contractors of the National Security Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words 'birthday,' 'holiday,' 'holidays,' 'Christmas,' 'XMas,' 'New Year,' 'New Years,' or 'Thanksgiving.' This request includes emails sent from personal email accounts."
BPD acknowledged receipt of my request on June 23, 2015. However, BPD has not issued a response to my request within 10 calendar days, as required by the statute. BPD also has not responded to my email inquiry as to the status of this request, sent on July 8, 2015.
Please note that this request for record is a resubmission of a previous request for the same records, to which BPD also failed to respond.
I consider BPD's inaction a constructive denial of my request for records under the 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)
Thank you.
From: Boston Police Department
A letter stating that the request appeal has been received and is being processed.
From: Media Relations
Dear Mr. Eaton,
Pursuant to your records request below, and subsequent appeal (SPR15/565)
the BPD has done an extensive search of our records and we have no records
responsive to this request. Should you have any questions please do not
hesitate to contact my office directly.
Best,
Lt Michael McCarthy
Director, Media Relations
From: Joshua Eaton
To Whom It May Concern:
I'm writing to appeal the Boston Police Department's March 21, 2016, response to my request for records under the Massachusetts Public Records Law, M.G.L. c.66, §10. For reference, please see my previous appeal, SPR15/565.
On June 19, 2015, I made the follow request for records to the Boston Police Department (BPD):
"Any and all emails between employees or contractors of the Boston Police Department (BPD) and employees or contractors of the National Security Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words 'birthday,' 'holiday,' 'holidays,' 'Christmas,' 'XMas,' 'New Year,' 'New Years,' or 'Thanksgiving.' This request includes emails sent from personal email accounts."
BPD acknowledged receipt of my request on June 23, 2015. On July 17, 2015, I appealed BPD's constructive denial of my request after the department failed to respond in a timely manner. Finally, BPD responded to my request on March 21, 2016, that it had "no records responsive to this request."
I have strong reason to believe that BPD does, in fact, have records responsive to my request. On June 24, 2014, Evan Anderson made the follow request for records to the BPD:
"All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014." (see http://bit.ly/1RiAcHy)
The BPD Office of Media Relations responded to Mr. Anderson's request on Aug. 27, 2014:
"The emails have been compiled (not yet redacted) and there are literally hundreds of them. Many of them contain "Happy Birthday" emails that go back and forth between multiple people. We are wondering if you are okay with us setting those emails aside as it will take time (and expense) to go through them to redact them." (see http://bit.ly/1U5xR8u)
BPS's admits here that it possesses "Happy Birthday" emails between itself and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014.
That admission raises serious concerns that BPD possesses records responsive to my request. Indeed, any of such records would be responsive, with the narrow exception of emails from September 1, 2011, to December 30, 2011 (which is before the time period covered by my request). Therefore, I appeal BPD's adverse determination of my request in its entirety.
Thank you for your time and attention in this matter.
Sincerely,
Joshua Eaton
From: Joshua Eaton
To Whom It May Concern:
I'm writing to appeal the Boston Police Department's March 21, 2016, response to my request for records under the Massachusetts Public Records Law, M.G.L. c.66, §10. For reference, please see my previous appeal, SPR15/565.
On June 19, 2015, I made the follow request for records to the Boston Police Department (BPD):
"Any and all emails between employees or contractors of the Boston Police Department (BPD) and employees or contractors of the National Security Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words 'birthday,' 'holiday,' 'holidays,' 'Christmas,' 'XMas,' 'New Year,' 'New Years,' or 'Thanksgiving.' This request includes emails sent from personal email accounts."
BPD acknowledged receipt of my request on June 23, 2015. On July 17, 2015, I appealed BPD's constructive denial of my request after the department failed to respond in a timely manner. Finally, BPD responded to my request on March 21, 2016, that it had "no records responsive to this request."
I have strong reason to believe that BPD does, in fact, have records responsive to my request. On June 24, 2014, Evan Anderson made the follow request for records to the BPD:
"All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014." (see http://bit.ly/1RiAcHy)
The BPD Office of Media Relations responded to Mr. Anderson's request on Aug. 27, 2014:
"The emails have been compiled (not yet redacted) and there are literally hundreds of them. Many of them contain "Happy Birthday" emails that go back and forth between multiple people. We are wondering if you are okay with us setting those emails aside as it will take time (and expense) to go through them to redact them." (see http://bit.ly/1U5xR8u)
BPS's admits here that it possesses "Happy Birthday" emails between itself and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014.
That admission raises serious concerns that BPD possesses records responsive to my request. Indeed, any of such records would be responsive, with the narrow exception of emails from September 1, 2011, to December 30, 2011 (which is before the time period covered by my request). Therefore, I appeal BPD's adverse determination of my request in its entirety.
Thank you for your time and attention in this matter.
Sincerely,
Joshua Eaton
From: MuckRock
To Whom It May Concern:
This appeal has not been acknowledged by your office. Confirmation of receipt and an estimated date of completion would be greatly appreciated.
Thank you.
______________
To Whom It May Concern:
I'm writing to appeal the Boston Police Department's March 21, 2016, response to my request for records under the Massachusetts Public Records Law, M.G.L. c.66, §10. For reference, please see my previous appeal, SPR15/565.
On June 19, 2015, I made the follow request for records to the Boston Police Department (BPD):
"Any and all emails between employees or contractors of the Boston Police Department (BPD) and employees or contractors of the National Security Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words 'birthday,' 'holiday,' 'holidays,' 'Christmas,' 'XMas,' 'New Year,' 'New Years,' or 'Thanksgiving.' This request includes emails sent from personal email accounts."
BPD acknowledged receipt of my request on June 23, 2015. On July 17, 2015, I appealed BPD's constructive denial of my request after the department failed to respond in a timely manner. Finally, BPD responded to my request on March 21, 2016, that it had "no records responsive to this request."
I have strong reason to believe that BPD does, in fact, have records responsive to my request. On June 24, 2014, Evan Anderson made the follow request for records to the BPD:
"All email communications between the Boston Police Department and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014." (see http://bit.ly/1RiAcHy)
The BPD Office of Media Relations responded to Mr. Anderson's request on Aug. 27, 2014:
"The emails have been compiled (not yet redacted) and there are literally hundreds of them. Many of them contain "Happy Birthday" emails that go back and forth between multiple people. We are wondering if you are okay with us setting those emails aside as it will take time (and expense) to go through them to redact them." (see http://bit.ly/1U5xR8u)
BPS's admits here that it possesses "Happy Birthday" emails between itself and the National Security Agency from September 1, 2011, to December 30, 2011; April 12, 2013, to April 25, 2013; and March 1, 2014 to April 25, 2014.
That admission raises serious concerns that BPD possesses records responsive to my request. Indeed, any of such records would be responsive, with the narrow exception of emails from September 1, 2011, to December 30, 2011 (which is before the time period covered by my request). Therefore, I appeal BPD's adverse determination of my request in its entirety.
Thank you for your time and attention in this matter.
Sincerely,
Joshua Eaton
From: Shorey, Stephen (SEC)
Mr. Eaton,
Thank you, received and acknowledged. This office is currently reviewing how to proceed in this matter.
Best,
Stephen
Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914
-
~WRD000
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 June 19, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-565.
Thanks for your help, and let me know if further clarification is needed.
From: Shorey, Stephen (SEC)
Mr. Eaton,
This email acknowledges that this office has received your request for further consideration of the Supervisor's prior written determination. See SPR15/565 Determination of the Supervisor of Records (October 5, 2016). Please be advised that you will be provided with a written determination of the Supervisor's finding.
Best,
Stephen
Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914
From: SPR
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 June 19, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-565.
Thanks for your help, and let me know if further clarification is needed.
From: Mikhaeal, George (SEC)
Hello,
Attached please find the letter of acknowledgement for you most recent appeal. Thank you.
Best,
George Mikhaeal
Administrative Assistant
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02128
www.sec.state.ma.us/pre<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sec.state.ma.us_pre&d=AwMFAg&c=Rlm5WhGmPEr8srpDE4r86Q&r=q673IyOonMYyQUBx9XDnQYMlIwpyeMhAjRvB4EVg3cY&m=Za8OebAu8HXrlwhrQlCvz4j7bocBHi75naTr3QJXSwU&s=ffhZcWzoZIFvo3xppC-SaPraUeoNjNrSoCvT6Hl62S4&e=>
P: 617-727-2832
Fax: 617-727-5914
G
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 June 19, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-565.
Thanks for your help, and let me know if further clarification is needed.
From: Sullivan, Kellie (SEC)
Good afternoon,
I am writing today in regards to your recently closed public records appeal numbered SPR16/473. Have you received a response from the City of Boston? If so, are you satisfied with their response? If you are not satisfied, or have not received a response, you may email this office at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> requesting further assistance. In your email, please include any response you may have received from the town and a brief narrative explaining what you are appealing.
Please feel free to contact this office with any questions.
Thank you,
Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Shorey, Stephen (SEC)
Mr. Eaton,
I’m currently reviewing this matter. Have you received as response to the attached determination from this office?
Best,
Stephen
Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914
-
~WRD000
From: Joshua Eaton
Dear Stephen,
Thank you for following up on this. I have not received any correspondence from the Boston Police Department since the agency closed my request on March 21.
Best,
Joshua
From: Shorey, Stephen (SEC)
Mr. Eaton,
I received your voicemail, just checking in on this. Have you received a response from Boston PD to the attached determination from this office?
Best,
Stephen
Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914
-
~WRD000
From: Joshua Eaton
Dear Stephen,
I have not received any correspondence from the Boston Police Department since the agency closed my request on March 21.
Best,
Joshua
From: Shorey, Stephen (SEC)
Hi Joshua,
I received your voicemail, thank you. This office is currently reviewing this matter.
Best,
Steve
Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914
-
~WRD000
From: Mike McCarthy
Mr Eaton,
It appears as though there is continued confusion around this request. I
will attempt to clear this up for all of you. The response that Mr Eaton
refers to in his appeal stated *" Many of them contain 'Happy Birthday'
emails that go back and forth between multiple people. We are wondering if
you are okay with us setting those emails aside as it will take time (and
expense) to go through them to redact them." *This was a response sent to
Mr Anderson in an effort to assist him with costs associated with his
request. After speaking with Mr Anderson he agreed to modify his request
and was provided with an appropriate response. At no time did the BPD admit
to possessing emails that contain the words 'birthday,' 'holiday,'
'holidays,' 'Christmas,' 'XMas,' 'New Year,' 'New Years,' or 'Thanksgiving'
in any correspondence with Mr. Anderson. The email to Mr Anderson was sent
by Attorney Dave Estrada in my office after speaking with me via the phone.
During that conversation I instructed Attorney Estada to send an email to
Mr Anderson and explain to him that many of the emails identified through
his broad request contained congratulations wishes for new assignments etc.
(none of which were sent or received between employees for the NSA or the
BPD) It was those emails that Atty Estrada was referring to. BPD never said
we possessed emails that contain the words "happy birthday" as you suggest.
Upon receiving your request, a search was done in which we looked for any
and all emails between employees or contractors of the Boston Police
Department (BPD) and employees or contractors of the National Security
Agency (NSA) between Jan. 1, 2012 and Oct. 2, 2014 that contain the words
"birthday," "holiday," "holidays," "Christmas," "XMas," "New Year," "New
Years," or "Thanksgiving." As i have stated in my previous responses, the
Boston Police Department has no records responsive to your request.
Mr Shawn Williams,
As per your order. I have once again reviewed my May 6th correspondence
with all the parties. I have come to the same conclusion as I did then. The
Boston Police Department has no records responsive to this request. Should
you have any additional questions, please don't hesitate to contact me
directly.
Very truly yours,
Lt Det. Michael McCarthy, Esq.
Director, Media Relations
Boston Police Department
From: Joshua Eaton
To Whom It May Concern:
I'm writing to appeal the Boston Police Department's ("BPD") Aug. 31, 2016, response to my request for records under the Massachusetts Public Records Law, M.G.L. c.66, §10. For reference, please see my previous two appeals, number SPR15/565.
BPD writes: "BPD never said we possessed emails [between BPD and the NSA] that contain the words 'happy birthday' as you suggest."
This contradicts the plain language of BPD's response to Evan Anderson: "The emails [between BPD and the NSA] have been compiled (not yet redacted) and there are literally hundreds of them. Many of them contain 'Happy Birthday' emails that go back and forth between multiple people. We are wondering if you are okay with us setting those emails aside as it will take time (and expense) to go through them to redact them." (see http://bit.ly/1U5xR8u)
In its response to my request, BPD also writes that none of the "happy birthday" emails it referred to in its response to Mr. Anderson "were sent or received between employees for the NSA or the BPD."
Again, this contradicts the plain language of BPD's response to Mr. Anderson. He requested "[a]ll email communications between the Boston Police Department and the National Security Agency" during specific time periods (see http://bit.ly/1RiAcHy). BPD responded that it had "literally hundreds" of responsive emails, many of which were "happy birthday" messages. Either the "happy birthday" emails were between BPD and the NSA or they were not responsive to Mr. Anderson's request in the first place.
BPD clearly told Mr. Anderson that it had "happy birthday" emails between itself and the NSA. BPD now tells me that it does not have "happy birthday" emails between itself and the NSA. One of those responses must be mistaken.
Thank you for your time and attention in this matter.
Sincerely,
Joshua Eaton
From: Mike McCarthy
To Joshua
Please be advised that this office has conducted thorough searches for
records responsive to your request. The Boston Police Department has no
records responsive to this request. At no time does my language contradict
past emails. I suggest you read them through again thoroughly.
To Mr Shorey and Ms Rastellini,
I have been extremely clear in my responses to the parties in these
requests. The BPD has NO responsive records to this request.
Lt Detective McCarthy
--
Lieutenant Detective Michael P. McCarthy
Director, Office of Media Relations
617-343-5412 (o)
617-593-4455 (c)
From: Sullivan, Kellie (SEC)
Good morning,
Please find attached the acknowledgment letter regarding your appeal. If you have any further questions you may contact the individual assigned to your appeal.
Thank you,
Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Sullivan, Kellie (SEC)
Good afternoon Mr. Eaton,
Attached to this email is this office's determination in regards to your appeal numbered SPR16/712.
Kellie Sullivan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
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