Somerville PD Use of Force Reports
| Submitted | June 30, 2020 |
| Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Chris Danis
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
All Use of Force Reports filed from the beginning of 2018 until the present day, which must be filed per Somerville PD Policy #124 section 24.
The written findings of the Administrative Captain's review of those same Use of Force Reports, which are produced per Somerville PD Policy #124 section 26A.
Any written documentation or disciplinary recommendations made by the Chief after review of those same Use of Force Reports, per Somerville PD Policy #124 section 26B.
Any written documentation on the determinations of Professional Standards after reviewing those same Use of Force Reports, plus any written documentation produced by any Chief-requested superior officer independent review, each produced per Somerville PD Policy #124 section 26C.
The Administrative Captain's yearly analysis of all Use of Force Reports with any recommendations for changes in training, policy, etc, produced per Somerville PD Policy #124 section 26D.
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,
Chris Danis
From: Somerville Police Department
Dear Mr. Danis:
This email acknowledges receipt of your public records request dated June 30, 2020. On behalf of the Records Access Officer and Record Custodian, after review of your request, I write to inform you that copies of readily available public records responsive to your request are attached.
This office has identified additional records which are responsive to your request. An estimate of the applicable fees is as follows:
Eighteen (18) hours to search, compile, and reproduce records at $25 per hour (Lieutenant and Sergeant) = $450. Twenty five dollars ($25) is the maximum hourly rate allowed by law without Supervisor of Public Records approval.
The actual cost of producing the record(s) may vary once the City begins preparing the records. If the actual cost is higher than the estimate, you will be required to pay the difference before receiving the records. If the actual cost is lower than the estimate, you will be refunded the difference.
No fee has been assessed for the first two hours of time associated with responding to your request. The actual estimate of time to complete the remainder of your request is twenty (20) hours.
If you would like to obtain the records, to be provided in electronic format (unless maintained in paper format), please send a check to my attention payable to the City of Somerville in the amount of the total estimated fee. Upon receipt of the estimated fee, the city will commence providing the requested public record(s) and shall withhold or redact any record or portion thereof to the extent provided by law, specifying the applicable exemption(s).
In addition to sending the check by regular mail, given that I am not working in the office, I would appreciate your sending me a cover letter and copy of the check by email.
Contact information for the Records Access Officer is: Francis X. Wright, Jr., City Solicitor, City Hall, 93 Highland Ave., Somerville, MA 02143, Phone: (617) 625-6600 x4400, Email: publicrecords@somervillema.gov<mailto:publicrecords@somervillema.gov>.
You have the right to seek an administrative appeal to the Supervisor of Public Records under 950 CMR 32.08(1) and the right to seek judicial review by commencing a civil action in the superior court.
Please contact me with any questions regarding this response.
David Shapiro
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
(617) 625-6600, ext. 4409
.
-
Uses of force report
From: Somerville Police Department
Dave,
I realize it is too late to correct, but the McGrath pepper spray incident is still under investigation and should not have been included in the release.
Jim
______________________________
James Stanford
Deputy Chief
Somerville Police Department
220 Washington Street,
Somerville, Ma. 02143
W. 617.625.1600 X7203
jstanford@police.somerville.ma.us<mailto:jstanford@police.somerville.ma.us>
From: Somerville Police Department
Understood.
David