MSP Special Projects Team Social Media Policy Documents

Dustin Slaughter filed this request with the Massachusetts State Police of Massachusetts.
Tracking # SPR14:410
Est. Completion None
Status
Withdrawn

Communications

From: Dustin Slaughter

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Any and all social media policy and procedure documents in use by the Massachusetts State Police, the MSP's Special Projects Team, and its Counter Criminal Continuum (C3) program.

This request includes all manuals, police directives, memorandums, emails, and audio/visual material (slide presentations, videos, etc) from 1 October 2011 up to and including the date this request is officially processed.

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,

Dustin Slaughter

From: Dustin Slaughter

To Whom It May Concern:

Please acknowledge receipt of this request, and don't hesitate to notify me if any clarification is needed.

Sincerely,
Dustin Slaughter

From: Dustin Slaughter

Secretary of the Commonwealth
Public Records Division
McCormack Building
One Ashburton Place, Room 1719
Boston, MA 02108
Fax: 617-727-5914
pre@sec.state.ma.us

To Whom It May Concern:

Please consider this an administrative appeal to the Massachusetts State Police's constructive denial of my 15 June 2014 public records request.

The Massachusetts State Police (MSP) failed to state any reason whatsoever for not releasing the material requested as follows:

"Any and all social media policy and procedure documents in use by the Massachusetts State Police, the MSP's Special Projects Team, and its Counter Criminal Continuum (C3) program.

This request includes all manuals, police directives, memorandums, emails, audio/visual material (slide presentations, videos, etc), and any other records that can reasonably be construed as relevant to the subject of this request, from 1 October 2011 up to and including the date this request is officially processed."

Pursuant to Massachusetts Public Records Law, the agency bears the sole burden of proving why a record should or should not be released. MSP's failure to even acknowledge receipt of this request clearly does not meet this burden.

Furthermore, in a 2003 memo disseminated to state and local law enforcement, the Public Records Division's memo explicitly states:

“Anyone can get any police record at anytime upon request...There is little doubt that MOST police records are public records and must be available to anyone upon request..." SPR Bulletin 3-03, Public Record Requests and C.O.R.I. (Nov. 21, 2003)

In addition, this memo includes a checklist for law enforcement agencies to adhere to, and contains specific examples of the types of records law enforcement agencies cannot withhold, including “intelligence information" (i.e. surveillance reports), in which category the requested material can reasonably be construed to fall under.

Thank you for your time and consideration, and I look forward to the Commonwealth's response within the time permitted by statute.

Sincerely,
Dustin Slaughter

From: Rastellini, Patricia (SEC)

Dear Mr. Slaughter,

In order to process your appeals, I need copies of both responses by the MSP.

Thank you,

Patricia H. Rastellini
Office Manager
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832

From: Dustin Slaughter

Dear Miss Rastellini,

Thank you for your prompt response. Unfortunately, MSP never acknowledged receipt of either request, let alone issued a final response.

Please advise.

Sincerely,
Dustin Slaughter

From: Rastellini, Patricia (SEC)

Mr. Slaughter,

I understand. Each request is appealed based on a non-response. These two appeals will be opened and processed.

Thank you,

Patricia

From: Dustin Slaughter

Thank you, Patricia.

From: Rastellini, Patricia (SEC)

You're very welcome.

From: Massachusetts State Police

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

From: Zawada, Jaclyn (POL)

Dear Mr. Slaughter,

The Massachusetts Department of State Police ("Department") received your public records request. As a courtesy, I write to notify you that your request was assigned to me for review on August 20, 2014. I have begun to reach out to the appropriate units at the Department to determine what responsive records, if any, it has.

Please be aware that:

* The Department may send you a good faith estimate for the cost of responding to your inquiry because, pursuant to the Massachusetts Public Records Law, a records custodian may charge and recover a fee for the time he or she spends searching for, redacting, photocopying, and re-filing a record.

* Any response by the Department will be subject to the exemptions to the Public Records Law set forth in G.L. c. 4, sec. 7, cl. 26.

* Under the Public Records Law, every requester is treated equally. Thus, even a person who is the subject of the record is not granted any greater access right than any other person.

If you have any questions or concerns, feel free to call. Your attention to this matter is appreciated.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

From: Zawada, Jaclyn (POL)

Dear Mr. Slaughter,

Attached, please see the response of the Department to your request for "social media policy and procedure documents." If you have questions, please feel free to give me a call. Your attention to this matter is appreciated.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

From: Zawada, Jaclyn (POL)

Dear Mr. Slaughter,

Please see the attached follow-up to the Department's September 30th response to your records request. Your attention to this matter is appreciated.

Sincerely,

Jaclyn R. Zawada
Staff Counsel
Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2341
Fax: (508) 820-2649

  • Muckrock - Dustin Slaughter - 6.15.14 PRR - C3 2014 Powerpoint - Techn

  • Muckrock - Dustin Slaughter - 6.15.14 PRR - 10.28.14 Follow Up

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