MA 1033 program 2009 suspension, review and reinstatement documents (Massachusetts State Police)

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

Mr. Procopio -

This request regarding 1033 program suspension, review and reinstatement documents has yet to be acknowledged in any way. Please advise.

Best,

Shawn Musgrave
MuckRock

Mr. Procopio -

This request has yet to be acknowledged, and is now overdue. I will be submitting an appeal to the SPR if I do not receive prompt confirmation of receipt.

Respectfully,

Shawn Musgrave
MuckRock

Ms. Rastellini -

A copy of the appeal for constructive denial of the request below has been sent to the appropriate address for the Supervisor of Records. Please let me know if I can provide any further supplementary materials.

Thank you for your assistance with this request.

Best,

Shawn Musgrave
MuckRock

Supervisor of Records
Office of the Secretary of the Commonwealth
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108

October 23, 2014

To Whom It May Concern:

This is an appeal for constructive denial of the below request for public records. I submitted this request for documents related to the 2009 suspension of the 1033 program to the Massachusetts State Police on Oct. 3, 2014 by email to Mr. David Procopio, per standard request submission procedure for MSP. It has yet to be so much as acknowledged, despite two attempts to follow up by email.

MSP's footdragging on this and three other requests for documents related to the 1033 program is unacceptable and contrary to transparency, accountability and open governance. Please remand this request back to MSP for immediate release of the requested documents, per the agency's obligations under Massachusetts public records law.

Respectfully,

Shawn Musgrave
MuckRock

MSP Legal :

I will emphasize that I am willing to withdraw my appeal for constructive denial (see below), but have yet to receive even an acknowledgement that this request has been received. I have received acknowledgements for separate requests related to the 1033 program, but not for the present one.

Please advise immediately.

Best,
Shawn Musgrave
MuckRock

Ms. Rastellini -

As MSP has at last acknowledged my request — see the email below — I hereby withdraw my appeal of constructive denial — this is appeal SPR14:651.

I do, however, note that I reserve the right to submit another appeal for constructive denial if MSP does not complete the present request in a timely fashion, as well as to submit a substantive appeal if MSP attempts to inappropriately withhold the requested documents.

Best,
Shawn Musgrave
MuckRock