All Information/Documents Related to the New England Aeroscope MESH System

Mr. Hansen,

The Massachusetts Department of State Police ("Department") is in receipt of your request dated July 24, 2020 seeking the following:

"The RFR submitted by the Massachusetts State Police for bid BD-20-1084-POLGH-GHQ-47945 for "ANTI-DRONE TECHNOLOGY; DJI AEROSCOPE ANTENNAS" referenced the "existing New England Aeroscope MESH System" and required that the new system be compatible with it. However there was no additional information in the RFR and another bid that references Aeroscope (BD-19-1084-POLGH-GHQ-33656) is inaccessible.

In light of this I am requesting all information/documents related to the New England Aeroscope MESH system. This would include, but is not limited to, RFRs, vendor bids, purchase orders, vendor documentation, internal documentation and inter-agency communication regarding the system."

The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. Given the scope of your request, the Department is assessing a fee estimate for costs associated with a response for your request.

Insofar as your request seeks RFRs, bids, and vendor documentation, please be advised that RFP's and contracts are publicly available through the COMMBUYS which is the only official procurement record system for the Commonwealth of Massachusetts' Executive Departments. The link to the website can be found at https://www.commbuys.com/bso/

In regards to your request for internal documentation and inter-agency communication, the Department has consulted with the Executive Office of Technology Services and Security (EOTSS), and drafted specific search terms to facilitate a response to requests for internal documentation and inter-agency communication relating to the system. The Department, through (EOTSS), conducted a preliminary search of emails for emails containing the following terms "New England Aeroscope MESH system" OR "BD-20-1084-POLGH-GHQ-47945" OR "BD-19-1084-POLGH-GHQ-33656" OR "ANTI-DRONE TECHNOLOGY" OR "DJI AEROSCOPE ANTENNAS." This search resulted in 1,101 emails potentially responsive to this request. These 1,101 emails may contain a phrase for which you have requested records. This includes 65 results containing the term "New England Aeroscope MESH system," 230 results for the term "BD-20-1084-POLGH-GHQ-47945," 37 containing the term "BD-19-1084-POLGH-GHQ-33656," 773 emails containing the term "ANTI-DRONE TECHNOLOGY" and 177 containing the term "DJI AEROSCOPE ANTENNAS." Staff would be required to review each of these emails individually in order to determine whether the context of these phrases within those records made them responsive to your request.

The Massachusetts State Police is a law enforcement agency with various missions ranging from public safety and criminal justice, to homeland security and emergency preparedness, a large percentage of department and records may relate to highly sensitive matters. Further, given the Massachusetts State Police's collaboration with other state and federal agencies on criminal investigations and other matters regarding state and national security, the resulting records undoubtedly contain privileged and exempt information such as intelligence and investigative data, personnel, private, and security related information, as well as information related solely to internal personnel rules and practices of government necessary to withhold to ensure the proper performance of the Massachusetts State Police. These categories of information are specifically exempt pursuant to G.L. c. 4, § 7, cl. 26 (a), (b), (c), (f), and/or (n) and are not subject to public disclosure. Accordingly, the information must be segregated and redacted from the records before the records are produced to a third party such as the requestor. As a state agency with the responsibility for maintaining extensive confidential information, the Massachusetts State Police has an obligation to ensure proper procedures are maintained to prevent the dissemination of information which is protected from disclosure by law. Fulfilling such an obligation requires a careful review and segregation of records intended for disclosure. As you are no doubt aware, segregation and redaction of records, including email messages, often involves the application of multiple exemptions to the public records law to a single email or document or even a single paragraph or sentence within an email or document. Some information is simultaneously protected by more than one exemption or different exemptions depending on context or the time of disclosure. Moreover, a review of each of these emails and documents would be required to determine if an exemption applies.

The labor associated with researching, reviewing, and gathering this voluminous amount of information would be extremely costly, time-consuming, and burdensome. As you know, the Department may, pursuant to 950 CMR 32.07, assess a fee to individuals whose request would impose a significant cost on public agencies. The fees assessment is imposed to defray the cost of researching, gathering, and reviewing Department documents that may be responsive to a request.

Given that there are 1,101 potentially responsive emails that the Department must review and redact, this will impose an onerous burden on the Department, which will have to devote limited resources to review and redact these records.

Given the volume of information requiring review, the Department's good faith estimate of cost amounts to $1,275. This amount is based upon the following: the Department will be required to review each of the 1,101 emails and any attached documents. The Department estimates, conservatively and in good faith, that it will expend an average of 3 minutes to review each email and any attachments. Accordingly, the good faith estimate for reviewing emails is calculated at (3min x 1,101 equals 3,303 minutes/60 minutes equals 55 hours - 4 gratis hours= 51 hours) at a rate of $25/hour resulting in a total cost of $1,275.00.

This estimate represents an actual and good faith representation. The cost is necessary, reasonable, and not designed to limit, deter, or prevent access to requested public records. The Department has filed, in an abundance of caution, a fee petition with the Supervisor of Public Records.

Please let me know if you want to move forward with your request. Upon receipt of a check in the above referenced amount the Department will commence a search of the requested information. Be aware that given the amount of information being requested, the Department cannot project a timetable as to when the Department can complete this research.

If you have any questions or concerns, or if you wish to discuss this matter further, please do not hesitate to contact me directly. If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records as set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A.

Respectfully

Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
[cid:image001.png@01D66CCB.B3AA9470]
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.

To Supervisor -

Good Afternoon,

The Department of State Police ("The Department") received a public records request from Mr. Ethan Hansen via Muckrock dated July 24, 2020. After reviewing the request the Department responded with the attached fee petition. This petition was emailed to Mr. Hansen via Muckrock today. The Department respectfully requests that the Supervisor allow this petition. Please feel free to contact me if you have any questions.

Respectfully,

Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
[cid:image001.png@01D66CCB.82F40780]
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.

Hello,

Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.

If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.

Thank you,

Fredson Sossavi

Office of the Secretary of the Commonwealth

Public Records Division

One Ashburton Place, Room 1719

Boston, MA 02108

617-727-2832

________________________________

Good Morning Mr. Hansen,

The Massachusetts Department of State Police ("Department") has received your request dated August 10, 2020 wherein you seek to "narrow the scope of [your] request to the following terms: New England Aeroscope MESH system and BD-19-1084-POLGH-GHQ-33656." The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. The Department is in the process of reviewing your request.

Please be advised that the Department considers your request dated August 10, 2020 to be a new request pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law, separate from your request dated July 24, 2020. (See attached response). The Department reserves its rights as to the fee petition (SPR20/1328) filed in the matter of the July 24, 2020 request.

Please do not hesitate to contact me directly if you have any questions or concerns.

Respectfully,

Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
[cid:image001.png@01D67182.56167D90]
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.