Lowell Public Schools School Resource Officers

To Whom it May Concern:

The City of Lowell received your email of April 23, 2016 and interpret it as a public records request for of "any Memorandum of Understanding (MoU) between Lowell Public Schools and the Lowell Police Department concerning the latter's School Resource Officers (SROs)."

I have attached two PDFs to this request. One is an MOU between Lowell Police and Lowell Public Schools executed 12-13-10. The second is between Lowell Police and Greater Lowell Regional Vocational Technical High School executed 1/17/11. These documents exist as PDF documents and total 13 pages.

The City has WAIVED the normal fees for providing these documents.

In completing this request, no effort was made to include documents of any possible forthcoming MOUs that would otherwise be responsive to your request because any such documents, to the extent that they exist, are exempt from disclosure under the Public Records Law Exemption D, deliberative process exemption. (M. G. L. c. 4, § 7(26)(d)); Babets v. Secretary of the Executive Office of Human Services, 403 Mass. 230, 237 n.8 (1988).

Your request further asks that the documents be provided in an "accessible format, including for screen readers, which would require text-to-speech for persons unable to read print." As you know, however, a records custodian is only obliged to provide access to existing files. A records custodian is not required to create new documents or to provide documents in new formats. See G. L. c. 4, § 7(26) (defining "public records" as materials which have already been "made or received" by a public entity); see also 32 Op. Att'y Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information; the Public Records Law and Regulations only apply to existing records). We have therefore provided the documents in the format in which they exist.

Please note that you may appeal this response by petition to the Supervisor of Public Records at the following address:

Public Records Division
Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, MA 02108

Please call or email if you have any questions or if I can be of further assistance.
Sincerely,
James F. Wellock | Assistant City Solicitor
City of Lowell - Law Department
City Hall, 375 Merrimack Street, 3rd Floor | Lowell, MA 01852-5909
Tel: 978.674.4050 | Fax: 978.453.1510 | http://www.lowellma.gov<http://www.lowellma.gov/>
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, and destroy any hard copies that you may have created and notify the Sender via email or telephone.
LOWELL Alive. Unique. Inspiring.

>>>>

April 23, 2016
Lowell Public Schools
43 Highland Street
Lowell, MA 01852
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
A copy of any Memorandum of Understanding (MoU) between Lowell Public Schools and the Lowell Police Department concerning the latter's School Resource Officers (SROs).
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 calendar days, as the statute requires.
Sincerely,
Waqas Mirza
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Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock
DEPT MR 25369
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.