Gang database, school policing, stop and frisk (Everett Police Department)

Joshua Dankoff filed this request with the Everett Police Department of Everett, MA.

It is a clone of this request.

Status
Completed

Communications

From: Joshua Dankoff

Dear Police Department Public Records Officer,

Pursuant to Massachusetts public records law, I hereby request the following records:

1. Data sharing and cooperation agreements or memorandums of understanding between your police department and:
a. Federal immigration authorities.
b. Regional intelligence centers, including the Boston Regional Intelligence Center (“BRIC”) or the Massachusetts Commonwealth Fusion Center.
c. School districts or individual schools in your jurisdiction, including policies that guide practice of School Resource Officers.

2. Policies concerning gathering and storing of gang information (or 'security threat group' or other related names of high risk individuals), 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. For the time period January 1, 2016 to the date of this request, data 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 2016 through when the search is conducted in 2021 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, gang involved, or part of a 'threat risk group'. 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. Under the Criminal Justice Reform Act (An Act Relative to Criminal Justice Reform, 2018 Mass. Acts Ch. 69.), school districts and law enforcement agencies must “specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the Department of Elementary and Secondary Education” (DESE). (G.L. c. 71 § 37P(b). In turn, the Department of Elementary and Secondary Education “shall collect and publish disaggregated data in a like manner as school discipline data made available for public review.” Id.
Please produce copies of the following public records,
a. Data on each school-related arrest conducted during the 2018-19 school year, and the 2019-20 school year per DESE’s collection;
b. Data on each school-related arrest and referral to law enforcement conducted during the 2017-18 school year, per the U.S. Department of Education’s Civil Rights Data Collection for that year;

Definitions of the terms "school related arrest" and "referral to law enforcement" can be found from U.S. Department of Education, Master List of 2015-2016 CRDC Definitions 18 & 20, at https://ocrdata.ed.gov/Downloads/Master-List-of-CRDC-Definitions.pdf. See also Massachusetts Department of Elementary and Secondary Education, School Safety and Discipline Report Data Handbook v. 20.0, at http://www.doe.mass.edu/infoservices/data/ssdr/.
http://profiles.doe.mass.edu/statereport/ssdr.aspx

8. 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. To the extent there are the costs associated with the production of these documents, we request they be waived considering that we are a non-profit organization. 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. 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.

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.

We requested these records previously in June of this year, but received no response. If we do not receive a response to this public records request within ten business days, we will be filing an appeal with the Secretary of the Commonwealth's Public Records Division.

Thank you in advance for your anticipated cooperation in this matter.

Sincerely,

Joshua Dankoff
Director of Strategic Initiatives, Citizens for Juvenile Justice

From:

Please DO NOT reply to this email !! Please use the email address of the sender at bottom of this email, in order to communicate with the request management team.
City of Everett, MA
Public Record Request Number:2022-0026
Requester: Joshua Dankoff
Request Date: Thursday, January 20, 2022 8:30:00 AM
Response Due Date: Thursday, February 3, 2022

Dear Joshua Dankoff :

We have received your public Records request for City of Everett. This record is being assigned to appropriate department. The department reviewer will review the request and create an effort estimate to create the response. Per state mandate, for City of Everett, if the effort estimate is more than 2 hours, we will create a proposed cost estimate and will email such estimate to your attention. Once you approve the amount and send the payment, we will start working on your request.

In case the estimate is less than 2 hours, we will proceed to work on the response and will send you the response once the work is completed. Please also note that state mandate allows us to complete and send the response within 10 business days. We will do our due diligence towards this effort. However, the due date may be extended for any of the following reasons:
1.   Any clarification that is required from you towards this request will stop the clock. The clock will be resumed once the proper clarification is received.
2.   Payment of estimated effort – The time it takes to receive the due amount will be added to the original due date.
3.    If in the opinion of the reviewer it is determined that original due date cannot be met despite reasonable effort, the due date shall be extended based on reviewer’s judgment. You will be promptly notified in such case with revised due date.
Thank you.
Scott Stallbaum, Dept RAOPolice Department

City of Everett
484 Broadway
Everett, MA 02149
Tel: (617)-394-2361
Email: foia@cityofeverett.org

From: Everett Police Department

Please DO NOT reply to this email !! Please use the email address of the sender at bottom of this email, in order to communicate with the request management team. City of Everett, MA Public Record Request Number:2022-0026
Requester: Joshua Dankoff
Request Date: Thursday, January 20, 2022 8:30:00 AM
Response Due Date: Thursday, February 3, 2022
Hello Joshua Dankoff:
Based on your request, we have estimated the effort involved in order to create a response. As this is more than minimum effort by public records law, we have created an estimated effort and related cost which is shown below: Estimated Personnel Cost:
Department Estimated Hours Hourly Rate Estimated Personnel Cost
Police 3881.00 $25.00 $97025.00
Total Estimated Personnel Cost $97025.00 Total Estimated Response cost:$97025.00
Please arrange to send us the payment for the Total Amount. If check payment is used, check shall be payable to City of Everett and mail to the following address: City of Everett
484 Broadway
Everett, MA02149
Note the Request Number on the check
Alternatively you can go to your account online and pay the amount online. The link for this online payment is:
https://www.townforms.com/FOIADirect-EverettMA/ (https://www.townforms.com/FOIADirect-EverettMA/)
Your user id is your email address
Your password is the password that you used when submitting the request online.
At your dashboard screen, click PAY NOW link against your request number.
Once you click the PAY NOW link, you will navigate to the bank page, where you can follow instructions
to submit payment. Once successful transaction has been processed, you can log out and wait for our
notification regarding response.
Until we have received the payment, your request status has been put on hold. We will start the process
of creating the response as soon as we receive the payment in full. If you have any questions regarding
this matter, please do not hesitate to contact us by email at the following address.
Thank you, Scott Stallbaum, Dept RAOPolice Department
City of Everett
484 Broadway
Everett, MA 02149
Tel: (617)-394-2361
Email: foia@cityofeverett.org

Please click here to download your estimate document(s). (https://www.townforms.com/FOIADirect-EverettMA/Public/Request/ResponseDocDownloadLanding.aspx?pRId=VUBskK4Xa7I%3d&pCompId=M7ZIFMoiQQ4%3d)

From: Everett Police Department

Please DO NOT reply to this email !! Please use the email address of the sender at bottom of this email, in order to communicate with the request management team. City of Everett, MA Public Record Request
Number:2022-0026
Requester: Joshua Dankoff
Request Date: Thursday, January 20, 2022 8:30:00 AM
Response Due Date: Thursday, May 19, 2022
Dear
Joshua Dankoff:
We have completed the work in reference to your
request as referenced above. The response is given
below. Request Response
In response to your records request:
1. Data Sharing cooperation agreements or MOU's
a. There are no responsive records to your request in the custody of the Everett Police Department
b. There are no responsive records to your request in the custody of the Everett Police Department
c. All policies of the Everett Police Department can be found on our website www.everettpolicema.org
See attached document-SRO MOU
2. Policies concerning gathering and storing of gang information
All policies of the Everett Police Department can be found on out website www.everettpolicema.com
3. Policies concerning Field Interrogation
All policies of the Everett Police Department can be found on our website www.everettpolicema.com
4. For the time period January 1, 2016 to the date of this request, data transmitted for any person under the age of 21, all police documents sent to, transmitted to or otherwise made available to
a. BRIC/ Fusion Center
b. Federal immigration authorities
This request will be filled on a rolling bases in accordance with Secretary of State ruling SPR22/0961
5.  Field Interview Data for all field interview incidents from 2016 through 2021
See attached document
6. Data regarding how many people have been identified by your department as gang affiliated..
See attached document
7. Data on each school related arrest conducted during the 2018-2019 and 2019-2020 school year. Data on each school related arrest and referral of law enforcement conducted during the 2016-2017 school year.
Attached are all adult school related arrests for 2016 thru 2020,  Juvenile arrests or juvenile court referrals are not included in this request. Juvenile delinquency records are prohibited from release under exemption A of the public records law. Juvenile delinquency records shall not be open to the public. Delinquency records shall be withheld from public inspection except with the consent of a justice of such court: provided, however, that such records shall be open , at all reasonable times, to inspection by the child proceeded against, his parents, guardian or attorney. Attachments
This
response may or may not contain separate Response Documents to include specific
response and data. In case such separate response documents exist, they are
represented by attachments to this response email. Therefore, please look for any
attachments if they exist. Between Request Response and attachments, we believe
you are receiving a comprehensive response to your request.
If you have
any questions or comments, please do not hesitate to contact us at the following
email address.
Pursuant to 950 CMR 32.08, you may appeal this response to the Supervisor of Public Records within 90 days.
Thank you. Scott Stallbaum, Dept RAOPolice Department
City of Everett
484 Broadway
Everett, MA 02149
Tel: (617)-394-2361
Email: foia@cityofeverett.org

Please click here to download your response document(s). (https://www.townforms.com/FOIADirect-EverettMA/Public/Request/ResponseDocDownloadLanding.aspx?pRId=VUBskK4Xa7I%3d&pCompId=M7ZIFMoiQQ4%3d)

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