Mass Hate Groups

Daniel Boguslaw filed this request with the Massachusetts State Police of Massachusetts.
Tracking #

SPR19/0665

Status
Rejected

Communications

From: Daniel Boguslaw


To Whom It May Concern:

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

Any and all communications, memorandum, reports, and documents individually or jointly referencing the hate groups The Daily Stormer, Aryan Strike Force, and The Gallows Tree Wotansvolk Alliance.

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,

Daniel Kaufman

From: Massachusetts State Police

Mr. Kaufman,
Good morning. I will be handling this request on behalf of MSP. Would you be able to provide a date range for this request?

From: Daniel Boguslaw

Absolutely and thanks for the speedy reply. The date range for this request should be 1/1/2015 through 2/15/2019

From: Massachusetts State Police

Mr. Kaufman,
I ordered an email search for this request which produced 296 emails. Therefore the cost estimate will be approximately $350 for review and redaction of emails alone. I will have a better sense of the total cost estimate once I receive the numbers for other documents and reports containing the specified keywords. Please let me know if you wish to proceed with an official written cost estimate or if you prefer to refine your search at this time.

Thank you,
Jason

From: Daniel Boguslaw

Jason,
Thanks for getting back to me on this. I wanted to make a few adjustments to the search to hopefully reduce cost. First, I would ask that all duplicates be excluded from the final request. Secondly, I was wondering if you could give me a break down on the projected hours required to fulfill this request. Finally, I would ask that any emails that include only news articles (without any commentary by senders) referencing the aforementioned groups be excluded.

Best,
Dan

From: Massachusetts State Police

Dan,
Good morning. Unfortunately none of those additional parameters would reduce the estimated cost to fulfill this request. The email searches are run by the Executive Office of Technology Services and Security (EOTSS) and are automatically deduplicated. Additionally, they can only run searches by specifying keywords, dates and user accounts. There is no search parameter that will exclude "news articles without sender commentary" from the results.

As far as projected hours, the estimated time to review and redact the emails alone would be approximately 15 hours. This time/cost estimate does not include the added time/cost of reviewing and redacting additional documents and reports, aside from emails, produced by searching the same keywords. I like to give a preliminary estimate using just the emails as that generally constitutes the largest portion of responsive documents. Also, please be aware that I do not have an estimated date that this request would be resolved. Our agency is currently inundated with public records requests and there are several in queue before I would be able to begin the review and redaction process for this request.

Please let me know how you wish to proceed.

Thank you,
Jason

From: Daniel Boguslaw

Hello Jason thanks for the update. I would like to proceed with the request.

Best,
Dan

From: Massachusetts State Police

Dan,
I apologize for the delay. I've been out sick since Friday and I owe you a cost estimate on both of your public records requests. Would you agree to a deadline of Thursday (the 28th) at 5:00pm just to give me a chance to have everything reviewed by a supervisor? Please let me know.
Thanks,
Jason

From: Daniel Boguslaw

Sure thing. That date will be just fine. Hope you get well soon!

Best,
Dan

From: Massachusetts State Police

Mr. Kaufman,
Attached please find the Department's cost estimate for the public records request referenced in the subject line. I am also including a PDF copy of the Department's fee petition which is being sent to the Supervisor of Public Records. If you have any questions or concerns please do not hesitate to contact me directly.

Regards,
Jason
_______________________________________
Jason R. Stelmat | Privacy Officer
Massachusetts State Police | Commonwealth Fusion Center
124 Acton Street, Maynard MA 01754
direct 978-451-3752 | fax 978-451-3767

[cid:image001.png@01D4E573.76E1B450]
CONFIDENTIALITY NOTICE: The information contained in this email and any attachment is privileged and confidential law enforcement information. If you are not the intended recipient, you are hereby notified that any disclosure, dissemination, or copying of this communication is strictly prohibited. If you have received this email in error, please call 978-451-3700<tel:978-451-3700> immediately. Thank-you.
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From: Massachusetts State Police

Dan,
Please see attached. I've filed a motion for reconsideration with the supervisor of public records for this request. They have denied our request for a fee petition based on a missed deadline which appears to be an oversight based on the fact that we had an agreement to extend the deadline. It has been a very common practice to extend deadlines by agreement in public record requests so not sure what happened here. I spelled out our email communications more thoroughly and attached our email chain for their review. Hopefully they issue a quick decision.
Best,
Jason

From: Massachusetts State Police

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.

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>.
Best,

Khalil Kaba
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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From: Massachusetts State Police

Good Afternoon,

Please see the attached Department response relating to SPR19/0665.

Thank you for your attention to this matter.

Jenniffer P. Migliaccio, Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348

  • Supplement to Motion for Reconsideration (Kaufman 5.13.19) (Final)

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