|Submitted||July 27, 2017|
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To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
All incident reports occurring in the 02115 and 02120 zip codes from 8 p.m. July 18, 2017 to 12 p.m. July 19, 2017.
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.
August 3, 2017
Re: July 27, 2017 Public Records Request #B000472-080217
The Boston Police Department (BPD) received your July 27, 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
Specifically, you requested: All incident reports occurring in the 02115
and 02120 zip codes from 8 p.m. July 18, 2017 to 12 p.m. July 19, 2017.
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).
A search was conducted by the Boston Police Department and 219 documents
were located that may be responsive to your request. All responsive records
are available to you upon receipt of payment by check, money order or an
allowed motion for funds in the amount of $52.20*. Please make your check
payable to the City of Boston, and forward to the Office of Media Relations
with a copy of this letter for reference. See 950 C.M.R. 32.06(1); 950
C.M.R. 32.03; M.G.L. c 66 § 10(a).
Please note that all documentation provided to you will be done so in
compliance with the Massachusetts Public Records Laws. Pursuant to M.G.L.
c. 66 §10 and M.G.L. c. 4 §7(26)(c) and (f), any confidential investigatory
material, medical information and information regarding specific witnesses
/ victims will be removed to protect their privacy. Finally, any
information protected from disclosure under the Mandatory Criminal Record
(CORI) Checks Law, per M.G.L. c. 6 §§167-178, will be withheld.
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
Lt. Detective Michael P. McCarthy
Director, Media Relations
*Cost based on:
o 219 total pages @ $.05 per page = $10.95
o 219/60 = 3hrs x $25/hr Review and Redaction Time = 91.25
o $10.95 + 91.25 = $102.20 less $50.00 (first two hours)
o Total Cost Estimate = $52.20
There are no files associated with this request.