Special Projects Team Documents on Youth Against Mass Incarceration

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 Massachusetts State Police Special Projects Team records pertaining to the grassroots advocacy group Youth Against Mass Incarceration.

This request seeks all agency emails, memorandums, audio/visual material (including but not limited to screen captures, videos, and slide presentations), and any other records that can reasonably be construed as relevant to the subject of this request.

This request seeks records generated from 1 June 2013 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

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

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 Massachusetts State Police Special Projects Team records pertaining to the grassroots advocacy group Youth Against Mass Incarceration.

This request seeks all agency emails, memorandums, audio/visual material (including but not limited to screen captures, videos, and slide presentations), and any other records that can reasonably be construed as relevant to the subject of this request.

This request seeks records generated from 1 June 2013 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 clearly falls 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