Commonwealth Fusion Center MOUs with NSA, FBI, CIA, etc.

Evan Anderson filed this request with the Commonwealth Fusion Center of Massachusetts.
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Communications

From: Evan Anderson

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 all MOUs, including but not limited to those with the National Security Agency, Federal Bureau of Investigation, and the Central Intelligence Agency.

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 fees cannot be waived, 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,

Evan Anderson

From: Zawada, Jaclyn (POL)

Dear Mr. Anderson,

The Massachusetts Department of State Police ("Department") has received your public records request for a "copy of all MOUs, including but not limited to those with the National Security Agency, Federal Bureau of Investigation, and the Central Intelligence Agency." This request has been assigned to me for review and I write to seek clarification.

In particular, could you please let me know whether you seek MOUs "with the National Security Agency, Federal Bureau of Investigation, and the Central Intelligence Agency" only or if you seek any and all MOUs? Likewise, if you could let me know the period of time from which you seek records, that will also greatly assist the Department in determining where and for what to search.

As always, please be mindful that:

* The Department may send you a good faith estimate for the cost of responding to your inquiry because, pursuant to the Massachusetts Public Records Law, a records custodian may charge and recover a fee for the time he or she spends searching for, redacting, photocopying and re-filing a record.

* Any response by the Department will be subject to the Public Records Law exemptions set forth in G.L. c. 4, sec. 7, cl. 26.

* Under the Public Records Law, every requester is treated equally. Thus, even a person who is the subject of the record is not granted any greater access right than any other person.

If you have any questions or concerns, feel free to call. Your attention to this matter is appreciated.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

From: Evan Anderson

Hi there,

Thank you for getting back to me. I am seeking all MOUs for all time periods. If you have any further questions please do not hesitate to ask.

Thank you,
Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Zawada, Jaclyn (POL)

Dear Mr. Anderson,

I apologize for the delay. There is still some lingering confusion: are you looking for any and all MOUS specifically in the possession of the Commonwealth Fusion Center, or are you looking for any and all MOUs in the possession of the Department as a whole? The latter is a much broader request so I want to be clear before we proceed any further.

Please let me know if there are questions. As always, feel free to call if you would like to discuss.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

From: Evan Anderson

Hi there,

Thank you for getting back to me. I am seeking all MOUS. Apologies for the confusion.

Sincerely,
Evan

From: Zawada, Jaclyn (POL)

Dear Mr. Anderson,

Thank you for your email. I will then treat your request as seeking all MOUs in the possession of the Department as a whole. I still need to contact some divisions to get a sense of what responsive material they have, so I will be in touch. If you have questions in the interim, please let me know.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Zawada, Jaclyn (POL)

Dear Mr. Anderson,

Thank you for your email. Given the breadth of this request and the fact that the Department does not maintain all MOUs in a single location, it was necessary for me to reach out to and gather information from each of the divisions and various Department members. Thus, I am still working on the Department’s response, but I will provide it to you as soon as I can. Thank you for your continued patience.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Zawada, Jaclyn (POL)

Dear Mr. Anderson,

Please see the attached response. If you have any questions, feel free to call.

Your attention to this matter is appreciated.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

From: MuckRock

Hello -

Please advise whether the previous fee estimate is in line with Governor Baker's guidelines on charges for fulfilling public records requests. If not, please revise the estimate.

Thank you.

From: Zawada, Jaclyn (POL)

Dear Mr. Musgrave,

Per your request, the revised estimate for the response to your request for all MOUs from all times would be based on the following: 1) The lowest paid employee of the Department capable of performing the tasks will need approximately 58 hours to search for, locate, and gather the responsive material (58 hours multiplied by $24.00 = $1,392.00); 2) the Department will need approximately 200 hours to review and redact the responsive material ((200 hours – 4) multiplied by $25.00 = $4,900.00); and 3) the Department will impose a fee of approximately $10.00 to mail these records to you via United States Postal Service.

Thus, if you wish for the Department to begin processing your request, please send to this office the $6,302.00 payment (made payable to the Commonwealth of Massachusetts).

As always, feel free to call if there are questions.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

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