Untitled

Joshua Dankoff filed this request with the Brockton Police Department of Brockton, MA.
Submitted April 29, 2021
Status
Awaiting Acknowledgement

Communications

From: Joshua Dankoff

Subject: Massachusetts Public Records Law Request: Untitled

Email

Dear Brockton Police,

This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10), for records in your Police Department's possession regarding information sharing, gang monitoring, stop and frisk, and school policing policies and practice. This request is made on behalf of the Citizens for Juvenile Justice as part of ongoing research in the public interest on these subjects.

We write to request the following records:

Copies of all current municipal and departmental policies related to:
1. Data sharing and cooperation agreements or memorandums of understanding between the police department and:
a. Federal immigration authorities, and
b. Regional intelligence centers, including the Boston Regional Intelligence Center (“BRIC”) or the Massachusetts Commonwealth Fusion Center.

2. Policies concerning gathering and storing of gang information (or other high risk , including:
a. Policies for identifying and labeling gang members or individuals suspected of gang affiliation, b. Policies for maintaining and verifying information contained in any “gang database.” c. Policies for individuals to appeal listing on such a database d. Policies related to the sharing of database information with other local or federal authorities.

3. Policies concerning stop and frisk and/or field interrogation.

4. Data regarding the time period September 1, 2015 to the date of this request, for any person under the age of 21, all police documents sent to, transmitted to, or otherwise made available or accessible to: a. BRIC and/or the Massachusetts Commonwealth Fusion Center. b. Federal immigration authorities (including ICE, USCIS and/or any of their employees or agents.)

5. Stop and frisk and/or field interrogation data for all stop and frisk / field interrogation incidents from 2015 through when the search is conducted in 2020 is requested. To the extent possible, we request raw data with personal identifying information redacted to protect privacy. However, we request that any redactions of personally identifiable information do not extend any further than necessary. In particular, we request incident-level data in CSV or excel format (or, if necessary another electronic format) that includes: - Sex of individual(s) encountered - Age of individual(s) encountered - Race of individual(s) encountered - Ethnicity of individual(s) encountered - Location of incident - Time and date of incident - Source of the field incident report (ie did this report come in via a 911 call, or other means) - Whether the field incident included a search of individuals. - Outcome of field interrogation be included in the release, including whether it led to an arrest or not. - Name of officer filing the field incident report (or other similarly named report) - Badge number of officer filing the field incident report (or other similarly named report) - Name of other officers listed in the report, if any - Badge numbers of other officers listed in the report, if any

6. Data regarding how many people have been identified by your department as gang affiliated, or gang involved. To the extent possible, we request raw data with personal identifying information and addresses redacted to protect privacy. We request that any redactions of personally identifiable information do not extend any further than necessary. Specifically, we request an extract of your department's gang member database (or associated list) to include the following columns: - Sex of individual(s) on the list - Age of individual(s) on the list - Race of individual(s) on the list - Ethnicity of individual(s) on the list - Whether the individual on the list is a resident of your municipality or not - Name of officer who entered the information determined that the individual fulfilled the gang assessment criteria - Badge number of the officer who determined that the individual fulfilled the gang assessment criteria - Date individual entered the gang database, - Most recent date gang related information for the individual was reviewed or entered.

7. Where no such records in the above categories exist, please provide a written statement to that effect.

Disclosure of the requested policies and data is in the public interest because it is likely to contribute to public understanding of the intersection of school policing, immigration policy, and the juvenile justice system.Should you determine that some portions of the documents are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note for any such redactions the applicable statutory exemption and explain why it applies to the redacted or withheld information.

Per Attorney Gen. v. Dist. Attorney for Plymouth Dist., 484 Mass. 260, 141 N.E.3d 429 (2020), compiling information from a database is not tantamount to creating a new record that would otherwise be precluded under public records law. Specifically: “Where public records are in electronic form, a public records request that requires a government entity to search its electronic database to extract requested data does not mean that the extracted data constitute the creation of a new record, which would not be required, under the public records law. " Id. at 442 to 443. Thus, we request that your department query its database and provide a response to data requests above. If you have any questions or concerns about this request, please contact me at the information below.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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,

Joshua Dankoff

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