All MA Sheriff's Departments "Vendor Applications" from 2006 to the present
| Submitted | May 23, 2021 |
| Est. Completion | None |
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Communications
From: Josh Coffin
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
1. All "Vendor Applications" for All Fourteen (14) of the Massachusetts (MA) Sheriff's Departments from the time period of 2006 to the present (which are required by DOR once every three (3) years, as referenced in the attached letter);
2. The latest version of the "DOR's Licensed Constable and Sheriff Handbook", as referenced in the attached letter;
3. The document, memorandum, or "other terminology which I am not aware of" containing the DOR's required "background checks" (as referenced in the attached letter as "passing background checks");
4. A copy of DOR's "training manual", which DOR conducts training from for their "Vendors" (as referenced in the attached letter).
As can be seen from the attached 2016 letter, the MA Department of Revenue Child Support Division (MA DOR CSE) states verbatim:
"As you may know, the DOR requires all [MA] Sheriff's Offices who serve process for DOR to recertify every three years. Recertification includes completing the application, passing background checks, and attending a meeting with DOR. You will be receiving a reapplication package in the next few months. When you receive it, please make sure your deputy constables complete the required paperwork and return it to DOR. After we receive your application, we will schedule you for training."
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,
Josh Coffin
From: Massachusetts Department Of Revenue Child Support Enforcement Division
This is a secure message. Click here https://secure.dor.state.ma.us/formpostdir/securereader?id=vH3mAcHnDIHysgxY8QnH1BxPEiA7epnO&brand=d788ad43 by 2021-06-08 11:34 EDT to read your message.
From: Massachusetts Department Of Revenue Child Support Enforcement Division
New Package Notification
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From: Massachusetts Department Of Revenue Child Support Enforcement Division
Dear Mr. Coffin –
I am writing to let you know that the Child Support Enforcement Division of the Massachusetts Department of Revenue responded to your request for public records today. The response and corresponding documents were sent under separate cover via our confidential email service.
Sincerely,
Amy M. Clayman
From: Josh Coffin
Hi Amy M. Clayman,
Thank you for your comprehensive response. I have attached your 6/10/2021 response and the list of the 55 files you provided, so that other members of the public may easily see it. Thank you for providing the "Serving Process for Massachusetts Department of Revenue Child Support Enforcement, Licensed Constable And Sheriff Handbook, November 2019". I have also attached that so that other members of the public may easily see it.
I appreciate your recent response but believe you have only partially addressed my original request dated 5/23/2021, as I am still missing requested documents as further clarified below:
The original request included:
1. All "Vendor Applications" for All Fourteen (14) of the Massachusetts (MA) Sheriff's Departments from the time period of 2006 to the present...
This portion of the request includes all employees of the Fourteen (14) Massachusetts (MA) Sheriff's Departments if they are participating. For example, we see this from your responsive document called "Suffolk 3.pdf" where in 2016 the MA Sheriff's Departments sent 18 (eighteen), **not just one**, to DOR as "recertification forms that the Department of Revenue requires all staff and deputies to complete for re-certification". This is just one of the fourteen sheriff's departments with more than 1 employee, as they all have more than 1 employee. I am seeking these from your Agency regarding all employees participating from the Fourteen (14) Massachusetts (MA) Sheriff's Departments.
We see further evidence of what is being sought from page 5 (or #15 under "Standards of Conduct") of the November 2019 Handbook (which you provided in your 6/10/2021 response and which is attached for transparency) as verbatim: "Each licensed Constable or Sheriff shall submit to DOR a completed application for each employee, agent or associate who may be involved in service of process for DOR before using the services of such employee, agent or associate. Applications should be sent to DOR staff at cseserviceprocess@dor.state.ma.us. DOR will review each employee, agent or associate individually to determine if he or she is appropriate for inclusion on DOR’s list of authorized process servers. DOR will not compensate for services provided by any employee, agent or associate who has not signed a Confidentiality Agreement or passed all DOR-required tax, child support and criminal history background checks."
Thank you in again for what has already been have provided. This request is still not complete as explained above. I look forward to receiving the remaining documents to resolve this request within a reasonable amount of time.
Sincerely,
Josh Coffin
From: Josh Coffin
Hi Amy M. Clayman,
I am also seeking these person's [from the Fourteen (14) Massachusetts (MA) Sheriff's Departments] applications as part of the #1 in my original request dated 5/23/2021. Again, this includes for all of the persons participating in these services. A blank Application has been attached for your reference and to alleviate any confusion. Thank you again for what has already been have provided. This request is still not complete as explained above & in the previous response from me also dated 6/11/2021. I look forward to receiving the remaining documents to resolve this request within a reasonable amount of time.
Sincerely,
Josh Coffin
From: Massachusetts Department Of Revenue Child Support Enforcement Division
Dear Mr. Coffin –
I am in receipt of your follow-up email dated June 11, 2021. DOR will provide the requested documents, in accordance with confidentiality provisions as required by state law and with any necessary redactions. It will take some time to compile and redact these documents and I will plan to send them to you no later than July 2, 2021.
Please note that I will be out of the office beginning today, June 14, 2021, through June 21, 2021, and will be unable to respond to any emails during this time.
Thank you,
Amy M. Clayman
Records Access Officer
Department of Revenue
Child Support Enforcement Division
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on May 23, 2021. 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: Massachusetts Department Of Revenue Child Support Enforcement Division
Dear Mr. Coffin –
In response to your request dated June 11, 2021 for vendor applications for “all employees of the Fourteen (14) Massachusetts (MA) Sheriff's Departments if they are participating,” the Child Support Enforcement Division of the Department of Revenue (DOR) is providing copies of the individual Applications for Licensed Sheriffs for each sheriff’s office. These documents will be sent by separate cover today using our secure email service.
These documents represent all documents in DOR’s possession, custody or control that are responsive to your request.
Please note that the applications have been redacted to protect personal home and email addresses, cell phone numbers, and Social Security numbers, withheld under M.G.L. c. 4 § 7, cl. 26(c).
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure 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.
Sincerely,
Amy M. Clayman
Department of Revenue
Child Support Enforcement Division
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From: Massachusetts Department Of Revenue Child Support Enforcement Division
New Package Notification
A new package has been posted for you.
Subject: Response to Public Records Request
Please use the following URL and your username/password to view this package over a secure connection. After viewing this package, you may also download any associated attachments or compose a reply using your favorite web browser.
Regards,
Massachusetts Department of Revenue Notification Service
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This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this mail in error please notify the postmaster at dor.state.ma.us.
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From: Josh Coffin
Hi Amy M. Clayman,
I appreciate your response and the comprehensive information you recently provided to me in your 6/30/2021 response. Unfortunately, this request is still not complete. There might possibly be some confusion in the mis-reading of the year "2006" within the original request as the year "2016" instead, as it could easily be mis-read since the numbers look very similar. I have attached one of the 14 documents (contained in files_16.zip from your response dated 6/30/2021), so that other members of the public may easily see an example of the partial documents you have recently provided.
The original request dated 5/23/2021 asked for:
1. All "Vendor Applications" for All Fourteen (14) of the Massachusetts (MA) Sheriff's Departments from the time period of 2006 to the present (which are required by DOR once every three (3) years...
I am still seeking the remaining missing above documents from the time periods of 2006 to 2015, as you provided me with the documents from the years 2016 thru 2022 in your recent response. Thank you again for what you have already provided. This request is still not complete as explained above. I look forward to receiving the remaining documents to resolve this request within a reasonable amount of time. Can you also please provide an ETA?
Thank you,
Josh Coffin
From: Massachusetts Department Of Revenue Child Support Enforcement Division
Dear Mr. Coffin –
Please be advised that I did not mis-read your request or mistake “2006” for “2016.” DOR has provided copies of all responsive documents in its custody, possession and control. There are no responsive documents other than those I have already provided. This request is deemed closed.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure 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/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mass.gov_courts_case-2Dlegal-2Dres_law-2Dlib_laws-2Dby-2Dsource_cmr_&d=DwQFaQ&c=Xhn9KFvv0VrhnMFbYtQjTGdTU13Xl3cIMh34YNGAA48&r=Dvv8IiGa87u1ce2QAurpJ8dHOzkKdUAz3odp8sSZVUk&m=iew2ZB25j5RHAF60okJPSyo62zG51Cx_uoV2eXfofbc&s=346-qpg4xI62ImJvYKoWhnczviYM3ii76soxtLMxWe0&e=>. You may also file a civil action in accordance with M.G.L. c. 66, § 10A.
Sincerely,
Amy M. Clayman, Counsel
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From: Josh Coffin
To RAO Appeals Officer for this Agency regarding this MA Public Records Request (MA PRR):
In my original MA PRR dated May 23, 2021, I clearly asked for all documents from the time period of 2006 to the present, yet Amy M. Clayman only partially responded to my original request with a very small percentage of the documents requested. For example: Amy only sent ONE (1) set of these documents for the Nantucket County Sheriff's Department (NCSD) [attached & the most recent], yet the NSD already stated verbatim within a separate MA PRR that they "have completed these every 3 years per instructions of Department of Revenue, child support", so these documents exist and have not been provided yet. The request should have yielded the other four(4) or five(5) sets of these documents from the years 2006 to the present for not just this one county but for all Fourteen (14) of the Massachusetts (MA) Sheriff's Departments.
To reiterate, the original request dated 5/23/2021 asked for:
1. All "Vendor Applications" for All Fourteen (14) of the Massachusetts (MA) Sheriff's Departments from the time period of 2006 to the present (which are required by DOR once every three (3) years...
MA DOR requires MA Sheriff's Department's employees to fill out these documents once every three (3) years in order for them to participate in the Title IV-D Program and to offer Title IV-D Services for hire. According to page 5 (or #15 under "Standards of Conduct") of the November 2019 Handbook (which Amy provided in her 6/10/2021 response), we see that those Agents wanting to participate in offering Title IV-D Services are required to fill out these forms and then e-mail them to "DOR staff at cseserviceprocess@dor.state.ma.us."
Again, page 5 (or #15 under "Standards of Conduct") of the November 2019 Handbook states verbatim:
"Each licensed Constable or Sheriff shall submit to DOR a completed application for each employee, agent or associate who may be involved in service of process for DOR before using the services of such employee, agent or associate. Applications should be sent to DOR staff at cseserviceprocess@dor.state.ma.us. DOR will review each employee, agent or associate individually to determine if he or she is appropriate for inclusion on DOR’s list of authorized process servers. DOR will not compensate for services provided by any employee, agent or associate who has not signed a Confidentiality Agreement or passed all DOR-required tax, child support and criminal history background checks."
It is not clear why Amy M. Clayman is not able respond with all the requested documents from the year 2006 until the present when, again according to the November 2019 Handbook, they were all sent to this email address, cseserviceprocess@dor.state.ma.us, and did not end up in some "Bermuda Triangle". I ask that you release all requested information and documents to both me and the public. The expectation is transparency & I also request an ETA if possible.
Thank you for your time,
Josh Coffin
From: Massachusetts Department Of Revenue Child Support Enforcement Division
Dear Records Custodian:
Please be aware, this office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832.
Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Sincerely,
Connor McElroy
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Tel: (617) 727-2832
Email: Connor.Mcelroy@sec.state.ma.us<mailto:Connor.Mcelroy@sec.state.ma.us>
From: Massachusetts Department Of Revenue Child Support Enforcement Division
Dear Ms. Murray:
Attached please find the Child Support Enforcement Division of the Department of Revenue's Response to Appeal SPR21/1814, along with corresponding attachments.
Please do not hesitate to contact me if you need additional information.
Sincerely,
Amy M. Clayman, Counsel
Department of Revenue
Child Support Enforcement Division
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This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this mail in error please notify the postmaster at dor.state.ma.us.
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From: Massachusetts Department Of Revenue Child Support Enforcement Division
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<https://urldefense.com/v3/__http:/www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx__;!!PIZeeW5wscynRQ!9RuUBJi2ii_Rpej9Uxa9PgiPyYk1JSwKaUYonRX-L70W5fVkUQVcw3-AUvrXuXz7zQ$>.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Thank you,
Joshua Stair
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx
From: Massachusetts Department Of Revenue Child Support Enforcement Division
Hello,
Please be aware, the Supervisor of Records has issued a revised determination relating to an appeal in which you were involved. This revised determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx<https://urldefense.com/v3/__http:/www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx__;!!PIZeeW5wscynRQ!9RuUBJi2ii_Rpej9Uxa9PgiPyYk1JSwKaUYonRX-L70W5fVkUQVcw3-AUvrXuXz7zQ$>.
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,
Joshua Stair
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx
From: Josh Coffin
November 3, 2021
re: SPR21/1814
Re: Appealing the Substantive Nature of MA DOR CSE Department’s response within the required 90 day time frame to the MA SPR
To the Commonwealth of Massachusetts Supervisor of Records Office,
On August 5, 2021, the MA SPR issued a determination relating to an appeal in which I was involved. This determination stated that: “Mr. Coffin may appeal the substantive nature of the Department’s response within ninety days.”
I wish to appeal the substantive nature of the Department’s response to this MA public records request (“PRR”) originally submitted on May 23, 2021. Unfortunately, the Department failed to share with your office the following important facts, which I believe clearly show that their responses have been inadequate:
1. On December 30, 2020, in a separate (but related) MA PRR, the Department claimed the following (and yes, they did use all capital letters which is indicative of yelling):
“THERE ARE NO CONTRACTS, MEMORANDUMS OF UNDERSTANDING OR AGREEMENTS WITH ANY OTHER LAW ENFORCEMENT OFFICIALS” regarding the Massachusetts Sheriff’s Departments and their staffs participation in the Title IV-D Program. This is attached for your office’s review.
2. These records must exist pursuant to the Law. [See Title 45 Code of Federal Regulations (“CFR”) § 302.34]
3. On May 13, 2021, thru a different MA PRR, the correct terminology of the above “Agreements” the Department last year claimed never existed was discovered, which are called “Vendor Applications”.
4. On May 13, 2021, thru a different MA PRR, I learned that MA Sheriff’s Departments, as well as any of their staff, each have to individually fill out “Vendor Applications” in order for them to be able to participate in the Title IV-D Program with the Department & that this must be done every three (3) years or they’re not allowed to participate.
5. On May 23, 2021, after the confirmation of the existence of these Title IV-D “Agreements” with the MA Sheriffs (known as “Vendor Applications”), I then submitted to the Department the original MA PRR which resulted in both the creation of SPR21/1814 and this resulting Substantive Appeal.
6. On June 10, 2021, I received partial response from the Department, but it contained only one Title IV-D “Vendor Application” signed by each of the 14 MA Sheriff's Departments when the original request specifically asked for all of these records for all participating employees from the time period of “2006 to present”.
7. On June 30, 2021, the Department sent a partial response including “Vendor Applications” for some participating employees, but still I only received one set. The original request sought 4 to 5 sets of these records from participating employees of each of the 14 MA Counties instead of just the one recent set which was provided.
a. Simple math to show: Subtracting 2006 from 2021 is equal to 15
b. Each employee is required to sign a “Vendor Application” every 3 years to continue to participate in this program – so 15 divided by 3 is equal to 5
c. Expected Department response was 4 or 5 sets of “Vendor Applications” from each of the 14 MA Counties and all of their participating employees.
8. On July 6, 2021, the Department responded as follows:
“Please be advised that I did not mis-read your request or mistake “2006” for “2016.” DOR has provided copies of all responsive documents in its custody, possession and control.”
9. On July 22, 2021, I then opened the “SPR21/1814” Appeal to your office.
10. On August 5, 2021, I received two conflicting determinations from your office regarding SPR21/1814. When your office made these determinations, I do not believe you were aware of all of the information contained within this Substantive Appeal.
This Substantive Appeal illustrates the Department’s behavior regarding this MA public records request and how their responses have been not just inadequate but possibly misleading as well. As seen here, in 2020 the Department claimed non-existence of records (when 45 CFR § 302.34 tells us otherwise), but then only halfway thru the 2021 calendar year, after I had to dig to discover their “secret magic term”, were any partial responses regarding Sheriffs received from them.
I still require assistance from the MA SPR to acquire the originally requested records. This Substantive Appeal contains all the facts which were not brought to your office’s attention before any earlier determinations were made re: SPR21/1814. I wish for the MA SPR to help me acquire all of the records which are being denied to both me and the Public. I greatly appreciate your time and patience in this matter.
Sincerely,
Josh Coffin
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017_2020-12-30_170457.9781240000_comm.txt
From: Massachusetts Department Of Revenue Child Support Enforcement Division
Good Morning,
As cited in Determination SPR21/1814 (attached) that the Department provided a response dated July 28th, 2021, the ninety (90) calendar days pursuant to 950 C.M.R. 32.08(1)(c) to petition for an appeal of a response provided by a Records Access Officer is overdue. The last calendar day to file this appeal was on October 26th. Please make a new public records request with the respective agency of which they have ten (10) business days to provide a response. See G. L. c. 66, § 10(a).
Very Respectfully,
Benjamin
Benjamin Chan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
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