MSP 1033 property inventory forms and request forms

Shawn Musgrave filed this request with the Massachusetts State Police of Massachusetts.
Tracking # SPR14:648
Est. Completion None
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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 1033 Property Inventory forms submitted by Massachusetts law enforcement agencies since January 1, 2005, or as far back as records are maintained. A copy of this form can be found attached to this request, or posted online: http://www.mass.gov/eopss/docs/msp/news-and-updates/1033-property-inventory.pdf

-All Request for 1033 Program Equipment forms submitted by Massachusetts law enforcement agencies since January 1, 2005, or as far back as records are maintained. A copy of this form can be found attached to this request, or posted online: http://www.mass.gov/eopss/docs/msp/news-and-updates/request-for-1033-program-equipment.pdf

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 property inventory and request forms (attached here again) has yet to be acknowledged in any way, according to our records. 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: 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 property inventory forms and request forms 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 that the request appeal has been received and is being processed.

From: Massachusetts State Police

A letter stating that the request appeal has been received and is being processed.

From: Massachusetts State Police

A letter stating that the request appeal has been received and is being processed.

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

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,

If I narrow this request solely to Request for 1033 Program Equipment forms, how would this impact the fee estimate?

Best,
Shawn Musgrave
MuckRock

From: Section, MSP Legal (POL)

Mr. Musgrave,

Based upon your revised request, the Department’s good faith estimate of the fee for conducting this search is based upon the following: (1) Since the requested files are not kept electronically, an employee of the Department, paid approximately $25.00 an hour, will need approximately 6.5 hours to locate, pull, copy and segregate responsive material (6.5 hours multiplied by $25.00=$162.50); and (2) The Department will, in accordance with Massachusetts General Laws, Chapter 66, §10(a) and 950 CMR 32.06, also impose a 50¢ fee for furnishing a copy of any responsive pages (250 pages multiplied by 0.50¢=$125.00).

The Department will provide these records to you via electronic mail and in doing so the Department will waive the copying costs ($125.00) associated with your inquiry. Should you elect to commence this search and receive the records electronically, please send the payment of $162.50 (made payable to the Commonwealth) to the Department’s Legal Section. However, if you wish to commence this search and to receive the requested records via first-class mail please send the payment of $287.50 (made payable to the Commonwealth) to the Department’s Legal Section. Moreover, if you wish to limit or otherwise alter your request to reduce the estimated cost of the search, the Department will provide you with an updated estimate.

As indicated to you in earlier Department mailings, all responsive records will be subject to the exemptions to the Public Records Law set forth in G.L. c. 4, sec. 7, cl. 26 (a)-(q). As such, given the nature of the records requested, the Department anticipates that it will redact and/or withhold information that would not be in the public interest to release, pursuant to Exemption (n).

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

From: Massachusetts State Police

An interim response, stating the request is being processed.

From: Shawn Musgrave

Hello,

I would like to narrow the request below to solely the Request for 1033 Program Equipment forms. Please advise as to how this revision impacts the fee estimate.

Thank you,
Shawn Musgrave
MuckRock

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 #SPR14:648.

Thank you for your help.

From: Section, MSP Legal (POL)

Mr. Musgrave,

As indicated in the Department’s December 3, 2014 email to you, based upon your revised request, the Department’s good faith estimate of the fee for conducting this search is based upon the following: (1) Since the requested files are not kept electronically, an employee of the Department, paid approximately $25.00 an hour, will need approximately 6.5 hours to locate, pull, copy and segregate responsive material (6.5 hours multiplied by $25.00=$162.50); and (2) The Department will, in accordance with Massachusetts General Laws, Chapter 66, §10(a) and 950 CMR 32.06, also impose a 50¢ fee for furnishing a copy of any responsive pages (250 pages multiplied by 0.50¢=$125.00).

The Department will provide these records to you via electronic mail and in doing so the Department will waive the copying costs ($125.00) associated with your inquiry. Should you elect to commence this search and receive the records electronically, please send the payment of $162.50 (made payable to the Commonwealth) to the Department’s Legal Section. However, if you wish to commence this search and to receive the requested records via first-class mail please send the payment of $287.50 (made payable to the Commonwealth) to the Department’s Legal Section. Moreover, if you wish to limit or otherwise alter your request to reduce the estimated cost of the search, the Department will provide you with an updated estimate.

As indicated to you in earlier Department mailings, all responsive records will be subject to the exemptions to the Public Records Law set forth in G.L. c. 4, sec. 7, cl. 26 (a)-(q). As such, given the nature of the records requested, the Department anticipates that it will redact and/or withhold information that would not be in the public interest to release, pursuant to Exemption (n).
Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702

From: Shawn Musgrave

Hello -

Please revise this fee estimate in light of Governor Baker's updated procedures for processing public records requests, specifically his mandate that the first four hours of search and retrieval time will be waived, and that hourly processing costs will not exceed $25.

These changes were announced on July 30: http://www.mass.gov/governor/press-office/press-releases/fy2016/new-procedures-for-public-records-requests-introduced.html

Thank you,
Shawn Musgrave
MuckRock

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 #SPR14:648.

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 #SPR14:648.

Thanks for your help, and let me know if further clarification is needed.

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 #SPR14:648.

Thanks for your help, and let me know if further clarification is needed.

From: Section, MSP Legal (POL)

Mr. Musgrave,

The Department’s good faith estimate of the fee for conducting this search is based upon the following:: Since the requested files are not kept electronically, an employee of the Department, paid approximately $25.00/hr (which is the hourly rate of the lowest paid person capable of performing this task), will need approximately 6.5 hours to locate, pull, copy and segregate responsive material (6.5 hours multiplied by $25.00=$162.50); The Department will, however, waive the copying costs associated with your inquiry. If you elect to proceed with this search the Department will also waive the costs associated with the first four (4) hours of agency work required for this search. (6.5 hours minus 4.0 hours multiplied by $25.00=$62.50).

If you wish to commence this search please send the payment of $62.50 (made payable to the Commonwealth) to the Department’s Legal Section. Moreover, if you wish to limit or otherwise alter your request to reduce the estimated cost of the search, the Department will provide you with an updated estimate.

As indicated to you in earlier Department mailings, all responsive records will be subject to the exemptions to the Public Records Law set forth in G.L. c. 4, sec. 7, cl. 26 (a)-(q). As such, given the nature of the records requested, the Department anticipates that it will redact and/or withhold information that would not be in the public interest to release, pursuant to Exemption (n).

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

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