|Submitted||Aug. 10, 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:
Any and all documents, policies, memos, and complaints concerning female police officers and job-mandated gynecological examinations prior or post-hire.
This is an issue that has been widely reported on: https://broadly.vice.com/en_us/article/a3eb55/female-recruits-ffirorced-to-undergo-vaginal-exams-by-nebraska-state-patrol-lawsuit-claims
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.
10 August 2017
Re: August 10, 2017 Public Records Request #B000491-081017
Dear Ms. Fernandez,
The Boston Police Department (BPD) received your August 10, 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
Specifically, you requested: Any and all documents, policies, memos, and
complaints concerning female police officers and job-mandated gynecological
examinations prior or post-hire.
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).
The Boston Police Department does not require or mandate gynecological
examinations, as such we have no responsive documents to your request.
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
Lieutenant Detective Michael McCarthy
Director, Media Relations
There are no files associated with this request.