Somerville PD Equipment Inventory
| Submitted | Feb. 12, 2013 |
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Communications
From: George LeVines
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
Equipment inventory list from from year 2000 to the date this request is processed.
Please release all segregable portions of otherwise exempt records.
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,
George LeVines
From: Frank Wright
Dear Mr. LeVines:
Per your email request you have requested "[e]quipment inventory list from year 2000 to the date this request is processed." I have been informed by the Somerville Police Department that no master equipment inventory lists exist. I have been told that there are lists for certain equipment, for example copiers, printers and radios. If this is not what you are looking for, it may be helpful if you define "equipment." Please let me know how you wish to proceed. Thank you.
From: George LeVines
Mr. Wright,
Printers and copiers are not of particular interest to me. I'm looking for a list or lists of equipment used in law enforcement field operations (uniforms, weapons, vehicles and so forth). Additionally lists of any software the department uses that is specific to law enforcement operations are of interest to me.
If these lists do not exist could you please advise as to the name of the documents where I might find such information so that I may make a more informed request.
Respectfully,
George LeVines
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 Feb. 12, 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: Frank Wright
In response to your email of 5:00 AM this morning, below is my February 13, 2013 response. Frank
From: George LeVines
Mr. Wright,
On 2/19/13 I sent:
"Mr. Wright,
Printers and copiers are not of particular interest to me. I'm looking for a list or lists of equipment used in law enforcement field operations (uniforms, weapons, vehicles and so forth). Additionally lists of any software the department uses that is specific to law enforcement operations are of interest to me.
If these lists do not exist could you please advise as to the name of the documents where I might find such information so that I may make a more informed request.
Respectfully,
George LeVines"
...was this communication not received?
Thank you for your ongoing cooperation,
George
From: Frank Wright
Mr. LeVines: The Somerville Police have provided the attached vehicle fleet list. While I am informed that lists responsive to your request are generally not in existence, to the extent other lists may be located we will address those as well. Please let me know if you have any comments. Thank you.
From: George LeVines
Susan,
In response to your correspondence quoted below:
What do you mean by "generally not in existence"?
If you would be so kind as to steer me in the proper direction...
I'm looking to answer some of the follow questions.
1. How does Somerville PD keep track of their equipment?
2. Do officers largely purchase their own tactical/field gear?
3. How does Somerville PD go about obtaining new equipment/retiring that which is outdated?
If you could please advise how one might phrase a request to return responsive documents that would shed light on these questions. If there is no leger or database or individual files where field equipment information is organized surely invoices for purchases — or records or those invoices — must exist somewhere.
Thank you for your time,
George
————BEGIN QUOTED TEXT————
Mr. LeVines: The Somerville Police have provided the attached vehicle fleet list. While I am informed that lists responsive to your request are generally not in existence, to the extent other lists may be located we will address those as well. Please let me know if you have any comments. Thank you.
From: George LeVines
Frank,
In response to your correspondence quoted below:
What do you mean by "generally not in existence"?
If you would be so kind as to steer me in the proper direction...
I'm looking to answer some of the follow questions.
1. How does Somerville PD keep track of their equipment?
2. Do officers largely purchase their own tactical/field gear?
3. How does Somerville PD go about obtaining new equipment/retiring that which is outdated?
If you could please advise how one might phrase a request to return responsive documents that would shed light on these questions. If there is no leger or database or individual files where field equipment information is organized surely invoices for purchases — or records or those invoices — must exist somewhere.
Thank you for your time,
George
————BEGIN QUOTED TEXT————
Mr. LeVines: The Somerville Police have provided the attached vehicle fleet list. While I am informed that lists responsive to your request are generally not in existence, to the extent other lists may be located we will address those as well. Please let me know if you have any comments. Thank you.
From: Frank Wright
Mr. LeVines: By your email, below, you have asked: "What do you mean by 'generally not in existence'?" My response relates to the fact that while records may exist as to law enforcement equipment, there are not lists as you request, beyond the vehicle list provided and any other lists that may be located. Earlier this week a list was determined to exist and was forwarded to me and is discussed below.
I am informed that the Somerville Police Department maintains a list of firearms/weapons. This office has researched whether such a list is subject to disclosure pursuant to the public records law. It is the opinion of this office that such list is exempt from public disclosure pursuant to the exemption found in G.L. c. 4 s. 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 records of firearms, in the custody and control of the Somerville Police relates to the security of persons or buildings, etc. that public safety may be jeopardized by the release of the information on said list. Thank you.
From: George LeVines
Mr. Wright,
Is there a legal precedent for your opinion. If so would you please cite the case(es) which substantiate said opinion.
If not could you elaborate on why it is your opinion that public access to a list of the Somerville PD arms inventory would place public safety in jeopardy?
Thank you,
George LeVines
From: Shawn A. Williams - Sec. of Commonwealth Office
A letter stating that the request appeal has been received and is being processed.
From: George LeVines
Dear Mr. Williams,
This is a follow up to SPR 13/085.
Regarding Mr. Wright's the denial of the existence of the requested records and the withholding of others I would call your attention to the Municipal Records Retention Manual published by your very office (available here http://www.sec.state.ma.us/arc/arcpdf/MA_Municipal_Records_Retention_Manual.pdf).
Specifically item 16.023: "Police Department: Equipment Inventory" is precisely the record I had originally requested.
Thank you for your ongoing care and attention in this matter,
George LeVines
From: Somerville Police Department
A letter stating that the request appeal has been rejected.
From: George LeVines
This is a follow up to SPR 13/085.
Regarding Mr. Wright's denial of the existence of the requested records and the withholding of others I would call your attention to the Municipal Records Retention Manual published by your very office (available here http://www.sec.state.ma.us/arc/arcpdf/MA_Municipal_Records_Retention_Manual.pdf).
Specifically item 16.023: "Police Department: Equipment Inventory" is precisely the record I had originally requested.
Thank you for your ongoing care and attention in this matter,
George LeVines
From: Frank Wright
Dear Mr. Pagones: In response to the email below from George LeVines, which he references as a follow-up to SPR 13/085, the City of Somerville states that although the Municipal Records Retention Manual specifies documents that are to be preserved, those documents are equally subject to the exemptions to the public records statute as are any other documents.
As such, the City of Somerville incorporates herein by reference its position as previously stated, and re-asserts that, pursuant to G.L. c. 4 s. 7 Twenty-sixth (n), exercising reasonable judgment the custodian may conclude that public safety may be jeopardized by the release of firearms/weapons inventory by the Somerville Police Department.
Please contact me if you have any questions. Thank you. Frank Wright
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