MSP 1033 compliance reviews

Shawn Musgrave filed this request with the Massachusetts State Police of Massachusetts.
Tracking # SPR14/650
Status
Completed

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Communications

From: Shawn Musgrave

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 internal Program Compliance Reviews conducted by MSP as the state coordinator of the 1033 program since January 1, 2005 (or as far back as records are maintained).

Per the memorandum of agreement between the Defense Logistics Agency and MSP signed on January 14, 2014, a copy of which is attached and which can also be found online at http://www.mass.gov/eopss/agencies/msp/massachusetts-moa2014.pdf, the State shall:

"Conduct internal Program Compliance Reviews of LEAs participating in the lESO program [....] The State Coordinator must ensure an internal PCR of at least 5% of LEAs that have a property book from the DLA LESO Program within his/her State is completed annually."

-All Program Compliance Reviews conducted by the DLA Disposition Services for the state of Massachusetts regarding its participation in the 1033 program since January 1, 2005, or as far back as records are kept.

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

From: Shawn Musgrave

Mr. Procopio -

This request for 1033 program compliance review documents has yet to be acknowledged in any way. I've attached again the MOA between MSP and the Defense Logistics Agency for your reference.

Please advise.

Best,

Shawn Musgrave
MuckRock

From: Shawn Musgrave

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

From: Shawn Musgrave

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

From: Rastellini, Patricia (SEC)

Thanks Shawn.

From: Section, MSP Legal (POL)

Dear Mr. Musgrave,

The Massachusetts Department of State Police ("Department") has received your request for Department records and considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. The Department apologizes for the delay in processing your request and any resulting inconvenience. Please note that your request has been assigned to a member of the Department's Legal Section for review. Upon completion of their review the Department will respond accordingly. You may direct any inquires you may have to: msplegal@MassMail.State.MA.US<mailto:msplegal@MassMail.State.MA.US>

Thank you,

Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702

From: Shawn Musgrave

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 Program Compliance Reviews 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

From: Massachusetts State Police

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Section, MSP Legal (POL)

Dear Mr. Musgrave,

Attached you will find the Department's response to your recent records request. The same will also be mailed to you via first-class mail. Your attention to this matter is appreciated. Thank you.

Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702

From: Shawn Musgrave

Hello,

Please confirm that none of the documents requested herein are already in electronic/digital format — presumably, the compliance reports were created in templates provided by the DLA. I am unclear as to how your agency does not have electronic/digital copies.

Please clarify.

Best,
Shawn Musgrave
MuckRock

From: Rastellini, Patricia (SEC)

Thank you Shawn.

From: Section, MSP Legal (POL)

Good Morning Mr. Musgrave,

This message is to inform you that, based on information that this office has received, compliance reviews are not done, as you suggest, using “templates provided by DLA” or in any computer database. Compliance reviews are completed with a paper form created by the Department. These forms are filled out by each local police department and mailed to Department Headquarters where they are placed in a file. Your attention to this matter is appreciated.

Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702

From: Shawn Musgrave

Ms. Rastellini -

MSP has acknowledged this request for 1033 compliance reviews, for which I had submitted appeal SPR14/650 for constructive denial given their total lack of acknowledgement or response within the statutory time period.

As they have now acknowledged the request, I withdraw my appeal for constructive denial for this request alone.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Thank you for clarifying that compliance reviews are conducted via MSP paper forms. Are returned forms entered into any database by MSP? If compliance review forms are comprehensively entered into a database or summary file, I would be willing to amend this request to be an export of such a database.

Thank you again for your clarification. I look forward to hearing back on the remaining three requests related to the 1033 program for which I have submitted appeals to the Supervisor of Records for constructive denial given the lack of response.

Best,

Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Checking on the question below — please respond immediately so that this request can proceed.

Best,
Shawn Musgrave
MuckRock

From: Section, MSP Legal (POL)

Mr. Musgrave,

This message is to inform you that, based on information that this office has received, compliance reviews are placed in a hard-copy file and not entered into a computer database, as you suggest.. Your attention to this matter is appreciated.

Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702

From: Shawn Musgrave

Mr. Rooney -

I am sending a check by mail today. Please confirm receipt immediately, and let me know if you require anything additional from me to proceed in processing this request.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Department of State Police, Office of the Chief Legal Counsel
ATTN: Glenn Rooney, Staff Counsel
470 Worcester Road
Framingham, MA 01702

November 14, 2014

Mr. Rooney:

Per the attached fee letter dated Oct 29, 2014 in response to my public records request for 1033 program compliance review documents, please find enclosed a check for $187.50.

I note once again that I consider the release of these documents to be in the public interest, and as such view this fee as inappropriate and contrary to public accountability of MSP to the public it serves. I would encourage you to approach the redactions your letter notes with a presumption of openness critical to our form of government.

Please confirm receipt of this check immediately by electronic mail, and advise if you require any additional materials from me.

Respectfully,

Shawn Musgrave
MuckRock

From: Section, MSP Legal (POL)

Mr. Musgrave,

This message to inform you that your payment for the costs associated with this search have been received and your request is being processed. Your attention to this matter is appreciated.

Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702

From: MuckRock.com

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. You had assigned it reference number #SPR14/650.

Thank you for your help.

From: MuckRock.com

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. You had assigned it reference number #SPR14/650.

Thank you for your help.

From: Section, MSP Legal (POL)

Mr. Musgrave,

Attached you will find the Department’s response to your below records request. The Department apologizes for the delay and any inconvenience it may have caused. You will only be receiving the attached via email. Your attention to this matter is appreciated. Thank you.

Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702

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