In due request through the Freedom of Information Act, I am submitting a Request for Information (Commonwealth Fusion Center)

Susan K Holland, M.D. filed this request with the Commonwealth Fusion Center of Massachusetts.
Multi Request In due request through the Freedom of Information Act, I am submitting a Request for Information
Submitted Jan. 26, 2022
Status
Completed

Communications

From: Susan K Holland, M.D.

Subject: Massachusetts Public Records Law Request: In due request through the Freedom of Information Act, I am submitting a Request for Information (Commonwealth Fusion Center)

Email

To Whom It May Concern:

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

Please identify the total number of employed officers at each of the two Fusion Centers, named below, including their individual names, and the specific Position that they hold.
1) Boston Regional Fusion Center
2) Massachusetts Commonwealth Fusion Center

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 be provided to me electronically, preferably by e-mail attachment, but I am willing to accept the information loaded onto a CD or SIM card, etc.., if the possibility of sending the information via an attachment(s) through an email is not available.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 4 business days.

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,

Susan K Holland, M.D.

From: Commonwealth Fusion Center

Subject: Your Request

Email

Good Morning,

The Department of State Police ("Department") is in receipt of your request for:

* [T]he total number of employed officers at each of the two Fusion Centers, named below, including their individual names, and the specific Position that they hold.
1) Boston Regional Fusion Center
2) Massachusetts Commonwealth Fusion Center

The Department considers your request as a submission under M.G.L. c. 66, §10, the Public Records Law. As an initial matter, Please be advised after a diligent search, the Boston Regional Fusion Center is associated with the Boston Police Department and any request for information related to this entity should be sent to that agency. With respect to your request for information related to the Massachusetts Commonwealth Fusion Center, the Department identified the attached document as responsive. The information contained within this document is accurate as of February 8, 2022. As you will see, the Department has redacted the names and ranks of the individuals assigned to each unit within the Fusion Center pursuant to G.L. c. 4, § 7, cl. 26 (n) (the security exemption).

As you may know, G.L. c. 4, § 7, cl. 26 (n) exempts from public disclosure records "including but not limited to blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety." The Supreme Judicial Court has determined that "[t]he touchstone of [whether records are exempt under exemption (n)] is whether, and to what degree, the record is one a terrorist 'would find useful to maximize damage' and in that sense jeopardize public safety. The second prong of exemption (n) probes the factual and contextual support for the proposition that disclosure of the record is 'likely to jeopardize public safety.'" PETA v. Dep't of Agric. Res., 477 Mass. 280, 289-290 (2017) (citation and footnote omitted). The Department's Fusion Center falls under the umbrella of the Division of Homeland Security, which is responsible for "lead[ing] the Department's criminal intelligence, counterterrorism, cybersecurity, emergency preparedness, and emergency response efforts, employing an intelligence-led policing approach to sustaining, enhancing and coordinating the Department's statewide capabilities to prepare for, protect against, investigate, respond to and recover from any criminal, terrorist, natural or manmade hazards or threats." As such, it is the Department's position that revealing specific staffing levels of the units within the Fusion Center would jeopardize public safety in that an individual aiming to do could use this information to inhibit the Department's ability to gather information about an ongoing or future threat thereby inhibiting the Department's response to such an emergency.

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.. Thank you for your attention in this matter.

Anthony Serra
Staff Legal Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Telephone: (508) 820-2391

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.

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