MSP 1033 application for participation materials

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 Application for Participation forms and supplementary materials submitted to the Massachusetts State Police by law enforcement agencies applying to participate in the 1033 program.

Per the April 2014 State Plan of Operation (a copy of which is attached, and which can also be found online at http://www.mass.gov/eopss/agencies/msp/spo-final-april-23-2014.pdf):

"LEA submits the Application for Participation to the State Coordinator along with a letter from the Chief Executive Official of the City/Town or College/University authorizing the LEA to acquire 1033 Program Equipment."

This request therefore comprises the Application for Participation as well as the accompanying letter.

-All notifications of approval or denial of the above applications sent by MSP to each law enforcement 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,

Shawn Musgrave

Apologies -- I meant to include a timeframe for this request.

Please provide all materials requested below back to January 1, 2005, or as far back as records are maintained.

Best,

Shawn Musgrave
MuckRock

Mr. Procopio -

This request for the 1033 application for participation materials listed below has yet to be acknowledged in any way. I've attached again the MSP 1033 State Plan of Operation for your reference.

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

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 1033 program "Application for Participation" forms and supplementary materials 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

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

Ms. Rastellini -

As MSP has at last acknowledged my request — see the email below — I hereby withdraw my appeal of constructive denial. I do, however, reserve the right to submit another appeal for constructive denial if MSP does not complete the request in a timely fashion, as well as if MSP attempts to inappropriately withhold the requested documents.

Best,
Shawn Musgrave
MuckRock

Hello,

Please provide an update on this request.

Best,
Shawn Musgrave
MuckRock