1033 Program requests and received items (Somerville Police Department)
| Submitted | Oct. 15, 2013 |
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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/inventory of all requests to the Pentagon's Program 1033. According to the DLA Disposition Services website, these applications are all sent to CAPTAIN THOMAS DONOGHUE or JOSEPH KELLY of the Massachusetts State Police. If a roster is not available, please provide copies of all applications.
-A roster/inventory of all items received from the 1033 program.
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: Frank Wright
Dear Mr. Musgrave:
This correspondence is in response to your request, below, for the following documents:
-A roster/inventory of all requests to the Pentagon's Program 1033. According to the DLA Disposition Services website, these applications are all sent to CAPTAIN THOMAS DONOGHUE or JOSEPH KELLY of the Massachusetts State Police. If a roster is not available, please provide copies of all applications.
-A roster/inventory of all items received from the 1033 program.
The city has determined that any roster/inventory of requests to the Pentagon Program1033 or any roster/inventory of items received under this program are exempt from disclosure pursuant to G.L. c. 4 § 7 Twenty-sixth (n):
Records, including, but not limited to . . . any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation, or other infrastructure located within the Commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records . . . , is likely to jeopardize public safety.
On behalf of the City of Somerville, it is my opinion that it is reasonable to conclude that the above requested documents, in the custody and control of the Somerville Police, if any, relate to the security of persons or buildings, etc. and that it is reasonable to conclude that public safety may be jeopardized by the release of documents.
The City of Somerville also believes any rosters/inventories are exempt from public disclosure pursuant to G.L. c. 4 § 7 Twenty-sixth(b), in that keeping a roster or inventory is an internal practice of the Somerville Police Department “related solely to internal personnel rules and practices of the government unit, provided however, that such records shall be withheld only to the extent that proper performance of necessary governmental functions requires such withholding.”
The City of Somerville contends that disclosure of any roster or inventory of items received or applications for items may prove detrimental to both the Somerville Police Department’s law enforcement efforts and public safety, as knowledge of the Somerville Police’s armory could enable someone intent on doing harm to others, or property, to plan in a manner to counteract the use of such firearms or other nefarious deeds related thereto.
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