Contracts between Nantucket County Sheriff's Department and other Agencies regarding Title IV-D

Josh Coffin filed this request with the Nantucket County Sheriff’s Department of Nantucket, MA .
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From: Josh Coffin

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All contracts, memorandums of understanding, other arrangements/agreements (including 45 CFR § 302.34 "cooperative arrangements") [collectively referred to as "All-Contracts"]
between The Nantucket County Sheriff's Department (and/or any specific employee of the department):
1. And other State Agencies regarding the Title IV-D Program or Title IV-D Services;
2. And other Federal Agencies regarding the Title IV-D Program or Title IV-D Services;
3. And any other entity or Agency [such as "The Social Security Administration"] regarding the Title IV-D Program or Title IV-D Services.

* Please note that Title IV-D is often referred to as "child support".
* Please include the All-Contracts containing previous Nantucket County Sheriff Richard Bretschneider.
* Please include the All-Contracts containing current Nantucket County Sheriff James A. Perelman.

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 there are fees, 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,

Josh Coffin

From: Nantucket County Sheriff’s Department

Good morning Josh,
I believe that you will have to contact the State of Massachusetts directly for this information
Try retentionhelp@sec.state.ma.us<mailto:retentionhelp@sec.state.ma.us>
Or go onto the Mass.gov website and send your request for our Department, NSD.

Sandra Daub/Deputy Sheriff
Nantucket Sheriff’s Department
PO Box 419, 20 South Water Street
Nantucket, MA 2554

Subject: Massachusetts Public Records Law Request: Contracts between Nantucket County Sheriff's Department and other Agencies regarding Title IV-D

February 14, 2021

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All contracts, memorandums of understanding, other arrangements/agreements (including 45 CFR § 302.34 "cooperative arrangements") [collectively referred to as "All-Contracts"]
between The Nantucket County Sheriff's Department (and/or any specific employee of the department):
1. And other State Agencies regarding the Title IV-D Program or Title IV-D Services;
2. And other Federal Agencies regarding the Title IV-D Program or Title IV-D Services;
3. And any other entity or Agency [such as "The Social Security Administration"] regarding the Title IV-D Program or Title IV-D Services.

* Please note that Title IV-D is often referred to as "child support".
* Please include the All-Contracts containing previous Nantucket County Sheriff Richard Bretschneider.
* Please include the All-Contracts containing current Nantucket County Sheriff James A. Perelman.

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 there are fees, 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,

Josh Coffin

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 108095
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwVykEOgyAQQNHTlCUZRhhwwbK9RoMwRCJohXr_2uTv3k_eGBLcQqnvkrxCnBBIrN4aAF4AMy9oFcaoJ9I626wCBpdYFI-A6k4DKWdQKkmkZzIETzfbFyA8NHQ-Lx7fIdsVt37ETcajie4_3Lm2sN9LGTXsaazcS85__gHUpivw]

From: Josh Coffin

Good afternoon Sandra,

There is still confusion in your 2/16/2021 response to my initial public records request ("PRR") dated 2/14/2021. I'm not sure if you are aware, but the "State of Massachusetts" you request I speak to is an extremely large entity as evidenced by the enormous list of its "organizations" listed here: https://www.mass.gov/info-details/massachusetts-state-organizations-a-to-z

So that we are on the same page, please refer to this "Initial Response Flow Chart" regarding MA public records requests. Here is the direct link from the Secretary of the Commonwealth's Public Records Division: https://www.sec.state.ma.us/pre/prepdf/10-Day-Response-Flow-Chart-2018.pdf

In reference to the above Flow Chart, your response dated 2/16/2021 was the "Confirm receipt of request in 10 business days" step.

In reference to the above Flow Chart, this PRR is on the "In possession of all records?" step.

Can you please evaluate the Flow Chart and determine your response? Again, in reference to the above Flow Chart, if it is No, then please respond with:
1. Identify records you do not have;
2. Provide identity of entity that may have records; and
3. Inform of right to appeal;

If it is Yes, then please determine if they are Public Records as per the referenced Flow Chart. Then please deliver them to me.

Also, do you have a time frame for providing the initially requested information?

Thank you for your time,

Josh Coffin

From: Josh Coffin

Good afternoon Sandra,

Please be aware that there are TWO (2) different public records requests ("PRR") which I have open with the Nantucket Sheriff's Department. Below, I will again send the same exact message I sent to you on Tuesday, March 30, 2021. Since your response regarding this request has yet to be received, can you please respond?

There is still confusion in your 2/16/2021 response to my initial public records request ("PRR") dated 2/14/2021. I'm not sure if you are aware, but the "State of Massachusetts" you request I speak to is an extremely large entity as evidenced by the enormous list of its "organizations" listed here: https://www.mass.gov/info-details/massachusetts-state-organizations-a-to-z

So that we are on the same page, please refer to this "Initial Response Flow Chart" regarding MA public records requests. Here is the direct link from the Secretary of the Commonwealth's Public Records Division: https://www.sec.state.ma.us/pre/prepdf/10-Day-Response-Flow-Chart-2018.pdf

In reference to the above Flow Chart, your response dated 2/16/2021 was the "Confirm receipt of request in 10 business days" step.

In reference to the above Flow Chart, this PRR is on the "In possession of all records?" step.

Can you please evaluate the Flow Chart and determine your response? Again, in reference to the above Flow Chart, if it is No, then please respond with:
1. Identify records you do not have;
2. Provide identity of entity that may have records; and
3. Inform of right to appeal;

If it is Yes, then please determine if they are Public Records as per the referenced Flow Chart. Then please deliver them to me.

Also, do you have a time frame for providing the initially requested information?

Thank you for your time,

Josh Coffin

From: Nantucket County Sheriff’s Department

Hi Josh,
I am aware that I have to reply ..I am trying to get assistance with this request.. I DO NOT have this information that you are requesting.

Sandra Daub
Nantucket Sheriff’s Department
(p) 508-228-7263
(f) 508-325-5338

From: Josh Coffin

Good afternoon Sandra,

I greatly appreciate your response to this and your assistance with this request.

I also appreciate your assistance on the other PRR, which was responded to by Brenda Garnett recently.

There was some confusion regarding response, so I wanted to clarify and remind you.

Thank you again for your time,

Josh Coffin

From: Town Administration

From: Josh Coffin

Good afternoon Sandra,

I appreciate your response. It appears that there's still some confusion regarding my initial request dated 2/14/2021, so I will attempt to clarify.

If we first look at code 45 CFR § 302.34 (called "Cooperative arrangements"), we see that the State is required to enter into agreements "which are reflected in a record" (i.e. in writing) with "law enforcement officials" regarding Title IV-D Services, which includes the NSD. For your reference, the "Requirements for cooperative arrangements" are codified at 45 CFR § 302.107.

Before the current health situation, the NSD participated in Title IV-D Services as follows (but not just limited to), which would be continuing today if not for the current health situation:

1. NSD employees were physically stationed in the Nantucket Family and Probate Court ("NFPC") during "IV-D Administrative Hearings". These NSD employees were getting paid (from somewhere) to do this...

2. NSD employees would detain Title IV-D participants when given orders to do so from a 45 CFR 75.2 "Title IV-D Contractor", known on the island as the NFPC "First Justice". These NSD employees were getting paid (from somewhere) to do this...

3. NSD employees delivered non-legal documents known as Title IV-D "Capias Warrants" (on behalf of NFPC) under the facade that they were "legal threats" against persons from a real court, when it is a non-legal document pretending to be a threat from a Title IV-D Contractor - again, NSD participating in Title IV-D as they delivered it. These NSD employees were getting paid (from somewhere) to do this...

4. NSD employees possibly arresting, detaining, and "summoning" persons to participate in "IV-D Administrative Hearings". These NSD employees were getting paid (from somewhere) to do this...

5. NSD employees possibly arresting, detaining, and holding persons participating in "IV-D Administrative Hearings". These NSD employees were getting paid (from somewhere) to do this...

Hopefully it is clear how the NSD is participating in Title IV-D Services. I'm sure we could both come up with many more situations in which the NSD is participating in Title IV-D Services, but that is not what this public records request is for. I hope this response adds the clarification you need as to what I am seeking. *** Also please refer to the attached ISA to see that Title IV-D services are actually contracted. ***

Again, this public records request, originally sent on 2/14/2021, was for the following:

All contracts, memorandums of understanding, other arrangements/agreements (including 45 CFR § 302.34 "cooperative arrangements") [collectively referred to as "All-Contracts"]
between The Nantucket County Sheriff's Department (and/or any specific employee of the department):
1. And other State Agencies regarding the Title IV-D Program or Title IV-D Services;
2. And other Federal Agencies regarding the Title IV-D Program or Title IV-D Services;
3. And any other entity or Agency [such as "The Social Security Administration"] regarding the Title IV-D Program or Title IV-D Services.

* Please note that Title IV-D is often referred to as "child support".
* Please include the All-Contracts containing previous Nantucket County Sheriff Richard Bretschneider.
* Please include the All-Contracts containing current Nantucket County Sheriff James A. Perelman.

Thank you again for your all of your help - Josh

  • FY202120TRC20ISA20Amendment20-20Final20-06-26-2020201.pdf

From: Josh Coffin

Good morning Sandra,

As your last response was sent on 4/2/2021 for this initial public records request dated 2/14/2021, it is not clear if you have any of the documents requested as a response has yet to be received after further clarification was sent to you on 4/15/2021. It is interesting that I have never made any mention of anything related to any "Correctional Facility/Jail", so it is not clear why your response mentions this at all, so thank you for informing me? So that we are on the same page, please refer to this "Initial Response Flow Chart" regarding MA public records requests. Here is the direct link from the Secretary of the Commonwealth's Public Records Division: https://www.sec.state.ma.us/pre/prepdf/10-Day-Response-Flow-Chart-2018.pdf

After reviewing the clarification dated 4/15/2021, can you please let me know if you are or are not in possession of all the requested records. Please respond (as per the above Flow Chart) with the following which I will need to acquire these records:
1. Identify records you do not have;
2. Provide identity of entity that may have records; and
3. Inform of right to appeal (i.e. who is the appeals officer for MA public records requests received by the NSD?)

Thank you again for your time,

Josh Coffin

From: Nantucket County Sheriff’s Department

Good afternoon Josh,
1) In answer to your question regarding contracts between NSD and other agencies regarding Title IV-D, I do not have what you are requesting.

2) Please see attached list of paperwork related to serving process for DOR, child support, etc. Perhaps MA Dept. of Revenue will have more information for you.

3) You can list Brenda Garnett as the Appeals Officer for NSD

On page 2 of your email from April 15, 2021:

1) As far as NSD employees being "stationed" in the "NFPC" during IV-D Administrative Hearings, our office was located on the same floor as the Nantucket Family and Probate Court during the time Richard Bretschneider was Sheriff. As far as getting paid , NSD has a civil process fee schedule to serve Child Support Warrants, DOR paperwork, or papers from Attorneys or Pro se individuals. Sheriff Bretschneider, along with his salary, was able to keep a portion of the civil process money, but that is no longer the case since the State of MA took us over in 2010.

2) To my knowledge, NSD has never had a "Title IV-D Contractor" so N/A

3) Capias Warrants that are served on behalf of Nantucket Family Probate Court are paid just like any other civil process document, with the standard civil process service fee paid by Attorney, DOR or pro se.

NSD employees do NOT get personally paid for service of Civil Process unlike other Sheriff's Departments, which have a separate Civil Process Division and may run solely on civil process income. We must pay 25% of the fees collected to the state of Massachusetts.

Sandra Daub
Nantucket Sheriff's Department

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