MSP Special Police roster (withdrawn)
| Submitted | Dec. 20, 2013 |
| 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:
A roster of all special state police for FY2011, FY2012 and FY2013.
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 business days, as the statute requires.
Sincerely,
Shawn Musgrave
From: Massachusetts State Police
A cover letter granting the request and outlining any exempted materials, if any.
From: Massachusetts State Police
A copy of documents responsive to the request.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Procopio, David (POL)
Mr. Musgrave:
The Department (Attorney Glenn Rooney) replied to this request on Dec. 31, 2013 with responsive records, which were then posted on MuckRock's website.
As such, we consider this records request to have been answered. Expect no further response from the Department regarding this request.
David Procopio
Director, Media Communications
Massachusetts State Police
From: Shawn Musgrave
Mr. Procopio:
Apologies, that should have been a tailored response instead of the automated followup. The documents you sent were instructive, but I do not believe they fulfill my request. The lists provided seem to be new recruits or initiates into the MSP Special Police for each of the requested years, whereas I requested a full roster for each year.
Can you confirm whether you're able to provide these exhaustive lists?
Best,
Shawn
From: Procopio, David (POL)
Thank you for the update. I will forward same to Legal.
Dave Procopio
From: Shawn Musgrave
Mr. Procopio:
Any update on this request?
Thank you,
Shawn
From: Procopio, David (POL)
Mr. Musgrave,
Good morning. I have been asked to let you know that the cost estimate for this records request is likely to exceed $2,000. I wanted to know if you wish to revise or refine the request, or if you want to receive the estimate as prepared.
Thank you.
Dave Procopio
From: Shawn Musgrave
Hello,
Can you give me a breakdown of cost, and why this is so much more prohibitively expensive than gathering the roster of new officers?
Thanks,
Shawn
From: Procopio, David (POL)
The below is summarized by me from the cost estimate letter they are preparing:
We currently have a roster of all SSPO that have been licensed by the Department, which totals approximately 3000 individuals (current and former SSPO). In order to prepare the records that you have requested, a member of the Department’s Certification Unit would have to manually pull each file for all current and former SSPO, determine their license status during the fiscal years for which you asked, and compare that status to the roster that is currently maintained.
A good faith estimate puts this about 80 hours of work for an employee making approx.. $25 an hour. Although the actual cost may be higher or lower, the Department in good faith estimates the cost of complying with your inquiry to be approximately $2000.00. (Please note that this amount is a non-refundable). That is about 80 hours to search, segregate and verify the responsive material as requested (80 hours multiplied by $25.00 = $2000.00).
Thanks
Dave Procopio
From: Shawn Musgrave
Dave,
I see -- thanks for the explanation.
To be clear, there are no rosters available for past years? Alternatively, does the list you have indicate at least whether each individual has a current license?
Thanks for your help on this. I really appreciate the legwork!
Best,
Shawn
From: Procopio, David (POL)
Shawn,
According to our Certification Unit, year-to year rosters were not been compiled detailing the active/licensed SSPO for any given year. Therefore, the Certification Unit would have to create the record.
The roster we have does not give a "historical" view of SSPO licenses as he requested, it is more of a current snapshot. The current roster maintained by the Department indicates:
1) Name of SSPO
2) Issue Date of License
3) Expiration date of License
4) License number (which would be redacted if produced)
Thanks.
Dave
From: Shawn Musgrave
Hi Dave,
Understood. The current roster will satisfy my request, I believe.
Thank you again for your assistance.
Best,
Shawn
From: Procopio, David (POL)
Shawn,
Please find attached a roster responsive to your revised request. A copy of same will be mailed to you as well.
Thanks for your cooperation.
Dave Procopio
From: Shawn Musgrave
Hi Dave,
Sorry to belabor this request further, but a couple of questions:
1) Does MSP have this in electronic (likely .xls, .csv or other data file) format? It looks like this is a scanned printout from a database, or maybe Excel data pasted into a word processor. In particular, the date columns are misaligned and some of the data either miscopied or corrupted. See for example, the line reading
"08-01-0902/21 7/31/2014 FOURNIER, KEVIN"
2) Does the roster include department for each individual? I imagine that the Certification Unit must keep track of where each of these individuals serves. If so, please send another copy with this information included when you address the above.
3) Do you know what "U.R." or the asterisks indicate? I see this noted alongside several of the entries. If there is a "Read Me" or guide to this database, please send that, as well, to allow me to interpret and convey it correctly.
Thank you again for your help with this.
Best,
Shawn
From: Procopio, David (POL)
Shawn,
Some answers below, with thanks to Glenn Rooney for taking the time over the weekend to get them for you.
-Dave Procopio
1) Does MSP have this in electronic (likely .xls, .csv or other data file) format? It looks like this is a scanned printout from a database, or maybe Excel data pasted into a word processor. In particular, the date columns are misaligned and some of the data either miscopied or corrupted. See for example, the line reading
"08-01-0902/21 7/31/2014 FOURNIER, KEVIN"
The Department does have the file in an electronic format but will not be disseminating it in any other format than .pdf or paper format to preserve the integrity and accuracy of the document. What you have is an exact printout of the database as it was prepared by our Management Information Systems section. The alignment of the cells and the data as it is presented in the copy provided to you is exactly as it appears in the Excel version of the roster.
2) Does the roster include department for each individual? I imagine that the Certification Unit must keep track of where each of these individuals serves. If so, please send another copy with this information included when you address the above.
This roster does not include the Department for each individual. The only information redacted (withheld) from this database was the license number for each SSPO as it is identifying information. To request records, provided they exist, indicating the department or institution for which each SSPO works, please submit a subsequent public records request.
3) Do you know what "U.R." or the asterisks indicate? I see this noted alongside several of the entries. If there is a "Read Me" or guide to this database, please send that, as well, to allow me to interpret and convey it correctly.
U.R. means “until revoked” and applies only to railroad positions. There is no guide to the database. If you have any other specific questions please let me know.
David Procopio
Director, Media Relations
Massachusetts State Police
(508) 820-2622
From: Shawn Musgrave
Hi Dave,
Thank you to you and Glenn for coordinating on this so quickly.
On the format issue, I'm afraid we'll need to appeal to the SPR if you deny a request for this information in native format. Other departments have resisted providing information in electronic format, and we have received favorable determinations from the Supervisor on this point. So far you have not cited any case law that allows for withholding of the computer printout to "preserve the integrity and accuracy of the document," nor do I see how release of the document in this authoritative format poses a risk to its integrity.
Please let me know if your department would be willing to reconsider its position on releasing the information electronically.
Respectfully,
Shawn
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Shawn Musgrave
Mr. Procopio and Mr. Rooney -
I have yet to receive any response to my response of February 3, 2014 (copied below) despite numerous emailed followups. Please advise immediately as to the status of this request.
Respectfully,
Shawn Musgrave
MuckRock
=====
From Shawn Musgrave to Massachusetts State Police on Feb. 3, 2014:
Hi Dave,
Thank you to you and Glenn for coordinating on this so quickly.
On the format issue, I'm afraid we'll need to appeal to the SPR if you deny a request for this information in native format. Other departments have resisted providing information in electronic format, and we have received favorable determinations from the Supervisor on this point. So far you have not cited any case law that allows for withholding of the computer printout to "preserve the integrity and accuracy of the document," nor do I see how release of the document in this authoritative format poses a risk to its integrity.
Please let me know if your department would be willing to reconsider its position on releasing the information electronically.
Respectfully,
Shawn
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 Dec. 20, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Section, MSP Legal (POL)
Mr. Musgrave,
As you were informed by the Department on February 3, 2014, the Department does have the file in an electronic format but will not be disseminating it in any other format than .pdf or paper format to preserve the integrity and accuracy of the information contained within the document. The record provided to you on January 31, 2014 is an exact printout of the database as it was prepared by the Department’s Management Information Systems section. The alignment of the cells and the data as it is presented in the copy provided to you is exactly as it appears in the Excel version of the roster. Your attention to this matter is appreciated.
Massachusetts State Police Legal Section
General Headquarters
470 Worcester Road
Framingham, MA 01702
From: Shawn Musgrave
Hello,
Thank you for getting back to me, although I do note the months of delay between my request for clarification and today's update from MSP Legal.
The Supervisor of Records has been clear on the point of format for responsive documents for more than 10 years. Per SPR Bulletin 03-96, Application of the Public Records Law to Electronic Records Access (available online at: http://www.sec.state.ma.us/arc/arcrmu/rmubul/bul396.htm): "A records custodian must provide the information in whatever format it is capable of generating."
In light of the above, MSP is obligated under the Massachusetts Public Records Law to release the requested record in its native electronic database format. I respectfully insist that your office do so immediately. Please let me know if I can provide any further clarification.
Best,
Shawn Musgrave
MuckRock
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