MA 1033 program 2009 suspension, review and reinstatement documents (Executive Office of Public Safety and Security)

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

-All orders to suspend the 1033 program in Massachusetts pending review, as issued by Governor Deval Patrick in summer 2009. As reported by the Boston Globe in June 2009 (http://www.boston.com/news/local/massachusetts/articles/2009/06/16/state_suspends_high_power_weapons_program_until_further_review/):

"The state Department of Public Safety yesterday suspended a controversial program that distributes high-powered US military weapons to police departments across the state, amid growing concerns with the scale of guns handed out and the lack of oversight involved."

-All final reports, summary of findings, briefings or memos that resulted from the 2009 review of Massachusetts' participation in the 1033 program as ordered by Gov. Deval Patrick.

The Boston Globe quoted Terrel Harris in June 2009 (http://www.boston.com/news/local/massachusetts/articles/2009/06/15/details_emerge_on_distribution_of_military_weapons_in_mass/?page=2):

"The Executive Office of Public Safety and Security is reviewing the state's role in [the 1033] program to ensure effective and appropriate oversight is being applied," said Terrel Harris, a spokesman for the agency."

The Boston Globe reported in January 2010 (http://www.boston.com/news/local/massachusetts/articles/2010/01/02/state_tightens_rules_on_weapons/) that this review was completed and the program reinstated:

"The state is planning to restart a controversial federal program that supplied local police departments with surplus military weapons, saying it is beefing up restrictions to prevent law enforcement agencies from acquiring caches of exotic arms.

Governor Deval Patrick had suspended the program in June after a Globe review found that police in some towns were receiving large numbers of weapons without the knowledge of civilian leaders and that, in some cases, they had purchased armaments such as grenade launchers and fully automatic M-16 rifles.

Under new rules detailed by state officials this week, police departments will not be allowed to acquire weapons not typically used in local law enforcement, and they will be required to get permission from local civilian leaders before receiving weapons under the program."

-A copy of the rules promulgated pursuant to the completion of the above review, as referenced in the Boston Globe paragraph above from January 2010.

-A copy of any and all procedures developed by MSP to enforce the rules above. As reported by the Globe in January 2010 (above URL):

"Schwartz said Patrick is expected this week to order the head of the State Police to take over the program and set up new procedures to enforce the rules."

-The order to reinstate the 1033 program as issued by Gov. Patrick.

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,

Shawn Musgrave

Hello,

Per the attached, EOPSS will be responding to this request on behalf of MSP, as well as in response to the request sent separately directly to EOPSS on the same date. I have not received any update beyond your initial acknowledgement sent by email on October 8 (see below).

As we are now well beyond the 10-day response window, I respectfully request an update on this request as well as an estimated date the request will be fulfilled.

Best,
Shawn Musgrave
MuckRock

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 3, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 3, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.