K9 usage in Fitchburg Public Schools (Fitchburg Police Department)

Neal Delfeld filed this request with the Fitchburg Police Department of Fitchburg, MA.
Multi Request K9 usage in Fitchburg Public Schools
Status
Completed

Communications

From: Neal Delfeld

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

1) A copy of any and all current and active:
a) memorandum of agreements (MOAs); and
b) memorandum of understandings (MOUs); and
c) contracts; and
d) any other formal (official) agreements
between Fitchburg Public Schools and Fitchburg Police department.

2) For ANY AND ALL canine use within the Fitchburg Public Schools between September 1, 2018 and November 1, 2019, provide:
a) the reason(s) for the canine use; and
b) the legal justification for the reason(s); and
c) the dates, times, and duration; and
d) the name of the police department(s) involved; and
e) the name(s) and ID number(s) of the canine(s) involved; and
f) the name(s) and badge number(s) of the employee(s) involved; and
g) the name(s) of the Fitchburg Public School administrator(s) involved; and
h) any and all results; and
f) if requested or required by the Fitchburg Public Schools, the name of the Fitchburg Public School employee requestor(s); and
g) if requested or required by the Fitchburg Police Department, the name of the Fitchburg Police Department employee requestor(s).

I am interested in the internal records from of each department, so this information must be from each department's current records, and not coordinated with any other department, entity, agency, or group, unless that outside department's normally stores internal records for your department. For example, the school providing me with a police report which was on file prior to this public records request is acceptable, but the school requesting a police report in order to fulfill this public records request is not acceptable.

Fees for public records requests are defined in part in Massachusetts law 950 CMR 32.07 (2)(m) for municipal records and 950 CMR 32 (2) in general.

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.

Sincerely,

Neal Delfeld

From: Beryl Lipton

To Whom It May Concern:

This is an appeal of a nonresponse to a request under the Massachusetts Public Records Law filed in November 2019 to Fitchburg Police Departmet. As of today, that agency has not acknowledged this request. Please compel the agency to respond promptly and thoroughly to this request, as required by state law.

Thank you for your time and help.

Original request:

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

1) A copy of any and all current and active:
a) memorandum of agreements (MOAs); and
b) memorandum of understandings (MOUs); and
c) contracts; and
d) any other formal (official) agreements
between Fitchburg Public Schools and Fitchburg Police department.

2) For ANY AND ALL canine use within the Fitchburg Public Schools between September 1, 2018 and November 1, 2019, provide:
a) the reason(s) for the canine use; and
b) the legal justification for the reason(s); and
c) the dates, times, and duration; and
d) the name of the police department(s) involved; and
e) the name(s) and ID number(s) of the canine(s) involved; and
f) the name(s) and badge number(s) of the employee(s) involved; and
g) the name(s) of the Fitchburg Public School administrator(s) involved; and
h) any and all results; and
f) if requested or required by the Fitchburg Public Schools, the name of the Fitchburg Public School employee requestor(s); and
g) if requested or required by the Fitchburg Police Department, the name of the Fitchburg Police Department employee requestor(s).

I am interested in the internal records from of each department, so this information must be from each department's current records, and not coordinated with any other department, entity, agency, or group, unless that outside department's normally stores internal records for your department. For example, the school providing me with a police report which was on file prior to this public records request is acceptable, but the school requesting a police report in order to fulfill this public records request is not acceptable.

Fees for public records requests are defined in part in Massachusetts law 950 CMR 32.07 (2)(m) for municipal records and 950 CMR 32 (2) in general.

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.

Sincerely,

Neal Delfeld

From: Fitchburg Police Department

​With all due respect this is the first time my Office has received this request for information. I acknowledge receipt as of today and will instruct my records information officer to reply in the allowed time.

Ernest F. Martineau
Chief of Police
City of Fitchburg

From: Fitchburg Police Department

Good afternoon Mr Delfeld,

As the designated Records Access Officer for the Fitchburg Police Department I have been tasked with satisfying your recent records request regarding the Fitchburg Police Department and Fitchburg Public Schools. This request was received by myself on Monday February 10, 2020. I have attached all permissible documents to this email. I have also answered each request individually in your original email, see below. My answers are in red and I used a slightly larger font to make them easy for you to find.

Please be advised that pursuant to 950 CMR 32.00 and G.L. Chapter 66, Section 10A(a) you have the right to appeal this decision to the Supervisor of Records, at the address listed below, within 90 days from your original request. The appeal must include your original request along with this response. Pursuant to G.L. Chapter 66, Section 10A(c) you also have the right to seek judicial review by commencing a civil action in the Superior Court.

Supervisor of Records
Office of the Secretary of the Commonwealth
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108

I kindly request that you send me a return email acknowledging this response to your public records request.

Respectfully, ​

Captain Steven Giannini
Technical Services Commander
Fitchburg Police Department
978-345-9699
sgiannini@police.fitchburgma.gov

CONFIDENTIALITY NOTICE: The email message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressees. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message and its attachments is strictly prohibited. If you have received this message in error, please notify me immediately by telephone or by electronic means and delete this message and all copies and backups thereof.

  • Muckrock20Mail20-20K920usage20in20Fitchburg20Public20Schools20Fitchburg20Police20Dep.pdf

  • Fitchburg PD School Resource Officers SOP (2019)

  • Fitchburg PD and Fitchburg Public Schools MOU (2019)

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  • Fitchburg PD and Fitchburg Public Schools MOU (2019)

  • Fitchburg PD School Resource Officers SOP (2019)

  • Muckrock20Mail20-20K920usage20in20Fitchburg20Public20Schools20Fitchburg20Police20Dep.pdf