K9 usage in Fitchburg Public Schools (Fitchburg Police Department)

Neal Delfeld filed this request with the Fitchburg Police Department of Fitchburg, MA.

It is a clone of this request.

Multi Request K9 usage in Fitchburg Public Schools
Submitted Feb. 23, 2020
Status
Completed

Communications

From: Neal Delfeld

Subject: Massachusetts Public Records Law Request: K9 usage in Fitchburg Public Schools (Fitchburg Police Department)

Email


To Whom It May Concern:

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

For ANY AND ALL canine use within the Fitchburg Public Schools between August 1, 2018 to the date of receipt of this FOIA request, please provide:

1) the DATES, TIMES, AND DURATION of the canine use; and
2) LOCATION of the canine use, as specific as possible (for example, if a canine search was limited to a bathroom then the school and room number; or if a canine search was performed on all lockers but did not extend into any classroom, then that should be noted); and
3) the REASON(S) for the use; and
4) the LEGAL JUSTIFICATION for the reason(s) for the use, citing statute and/or case law if possible; and
5) the NAME OF THE POLICE DEPARTMENT(S) involved in the canine use, including but not limited to any police department present during the canine use even if that police department was not the owner or handler of the canine(s); and
6) if the canine(s) is owned by a police department, the NAME(S) AND BADGE/ID NUMBER(S) of the canine(s) involved; and
7) if the canine(s) is NOT owned by a police department, the name(s) of the canine(s) involved, and the name, address, phone number, and email of the OWNER of the canine(s); and
8) if the canine(s) is NOT owned by a police department, the name(s) of the HANDLER(S) of the canine(s); and
9) if the canine(s) is NOT owned by a police department, any and all contracts, memorandum of understanding, memorandum of agreement, and any other official contract concerning the canine(s) and police department requesting the canine(s) use; and
10) THE NAME(S) AND BADGE NUMBER(S) of the police department employee(s) involved; and the name(s) of the Fitchburg Public School ADMINISTRATOR(S) AND OTHER EMPLOYEES in charge of the canine use, including but not limited to any school employee who made the request, directly monitored the canine usage, or who otherwise acted as a school representative concerning the canine use; and
11) any and all RESULTS of the canine use, including but not limited to non-productive searches; and
12) if the canine use was requested or required by the Fitchburg Public Schools, the name of the Fitchburg Public School employee REQUESTOR(S); and
13) if the canine use requested or required by the Fitchburg Police Department, the name of the Fitchburg Police Department employee REQUESTOR(S).

The term "canine" is intended to mean a police-owned or police-commissioned dog that is utilized for searches or other police functions within schools. Police functions also includes but is not limited to:
- searches
- demonstrations
- teaching
- training
- any other ancillary police function
as long as the canine use was performed in the Fitchburg Public School, on Fitchburg Public School owned property, and/or requested by the Fitchburg Public Schools.

The interest of this FOIA request is for the records produced or maintained by each department (for example, the Fitchburg Public School district, or the Fitchburg Police Department, and not simply one school within the system or one police building). Therefore this information must be from each department's records, and not coordinated with any other department, entity, agency, or group, unless that outside department's normally stores or maintains records for that department. For example, the school can provide a police report which the school has on file prior to this public records request, but should not request a police report from a police department solely in order to fulfill this public records request.

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: Muckrock Staff

Subject: RE: Massachusetts Public Records Law Request: K9 usage in Fitchburg Public Schools (Fitchburg Police Department)

Email

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Fitchburg Police Department

Subject: Re: Massachusetts Public Records Law Request: K9 usage in Fitchburg Public Schools (Fitchburg Police Department)

Email

Good afternoon,

As the designated Records Access Officer for the Fitchburg Police Department I have been tasked with responding your recent request for public records.

Today I received an email in regards to a Public Records Request that was originally dated February 23, 2020 It appears that the original request was sent to the email address infor@fitchburgpolice.com<mailto:infor@fitchburgpolice.com>.

The above email address is not an active email address. After reviewing the specifics in this records request, this is the same data that was requested with the same language in February 10th of 2020. This request was answered by Captain Giannini on February 17, 2020

Captain Giannini responded with the data including several attachments. Included in this email are copies of the data submitted in the response along with copies of the emails outlining the communication.

The email chain below articulates the response.

Should you require any additional data or documents please reach out.

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

[https://www.fitchburgma.gov/ImageRepository/Document?documentId=9639] Captain Matthew LeMay
Technical Services Commander
Police Department
City of Fitchburg, Massachusetts
O: 978-345-9646 \ | mlemay@police.fitchburgma.gov
www.fitchburgma.gov<http://www.fitchburgma.gov/> | Facebook<https://www.facebook.com/FitchburgMassachusetts/> | Twitter<https://twitter.com/Fitchburg365>

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