Somerville's civil asset forfeiture funds
| Submitted | Oct. 30, 2019 |
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Communications
From: Chris Dwan
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
All accounting summaries, balance sheets, and transaction records from 2015 to the present for any and all financial accounts containing funds derived from civil asset forfeiture. I am interested in the total funds derived from civil asset forfeitures, and also in how those funds were used.
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 Dwan
From: City of Somerville - Records Access Officer
Mr. Dwan,
The City respectfully requests until Monday, November 25, 2019 to respond to your below public records request. Please let me know if this is acceptable.
David Shapiro
David Shapiro
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: 617-625-6600 Extn. 4409
Fax: 617-776-8847
dshapiro@somervillema.gov<mailto:dshapiro@somervillema.gov>
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From: City of Somerville - Records Access Officer
Mr. Dwan,
Is the below acceptable?
David Shapiro
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From: City of Somerville - Records Access Officer
Dear Mr. Dwan:
This email acknowledges receipt of your public records request dated 10/30/19.
We are unable to respond to your request within the time frame established in subsection (a) of G. L. c. 66, Section 10. The city will provide you with a supplemental response and provide you with the public record(s) sought within 25 business days from the date of the receipt of your request. Upon review of relevant documents, the City may redact or withhold records on the basis of one or more of the exemptions to the Public Records Law, should it be appropriate.
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.
A supplemental response is forthcoming.
David Shapiro
David Shapiro
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: 617-625-6600 Extn. 4409
Fax: 617-776-8847
dshapiro@somervillema.gov<mailto:dshapiro@somervillema.gov>
From: Chris Dwan
Yes, the 25th of November is an acceptable timeframe. Thank you for letting me know.
From: City of Somerville - Records Access Officer
Dear Mr. Dwan,
This letter acknowledges receipt of your public records request October 30, 2019. On behalf of the Records Access Officer and Record Custodian(s), after review of your request, I am writing in response to your request to inform you that copies of all requested public records responsive to your request are enclosed. There is no charge associated with this request. This e-mail completes the City's response to your request.
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
David Shapiro
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: 617-625-6600 Extn. 4409
Fax: 617-776-8847
dshapiro@somervillema.gov<mailto:dshapiro@somervillema.gov>
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From: City of Somerville - Records Access Officer
My apologies. I omitted the attachment and will send an attachment in the next email.
David
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From: City of Somerville - Records Access Officer
Per previous email.
From: Chris Dwan
Mr Shapiro,
Thank you for producing these summary tables. I do appreciate them.
It is surprising to me that there are no (to quote my original request) "accounting summaries, balance sheets, [or] transaction records" included in your response. Am I to understand that there were simply no responsive documents over the past five years, so that you had to produce these summaries de-novo? It seems to me that the city's accounting and finance division is likely to have produced at least the occasional statement of account showing (for example) current balances and income / outflow reconciliations.
Was this a miscommunication, or is there truly so little documentation available for the sources and use of these funds?
Thank you.
-Chris Dwan
From: City of Somerville - Records Access Officer
Mr. Dwan,
I will refer your email to staff and ask them to double check their records.
David Shapiro
David Shapiro
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: 617-625-6600 Extn. 4409
Fax: 617-776-8847
dshapiro@somervillema.gov<mailto:dshapiro@somervillema.gov>
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Oct. 30, 2019. You had previously indicated that it would be completed on Nov. 25, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Chris Dwan
Mr. Shapiro,
I understand that this is a very busy time of year for everybody.
I would appreciate a response as to whether there are any additional responsive records for this request.
As I said above, I would be very surprised if the city had never prepared any sort of report or summary of how these funds were used prior to my request.
Thank you for your attention.
-Chris Dwan
From: City of Somerville - Records Access Officer
Mr. Dwan,
I met with staff yesterday afternoon and staff expects to have something additional today. I will send to you when I receive it. Thank you.
David Shapiro
David Shapiro
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: 617-625-6600 Extn. 4409
Fax: 617-776-8847
dshapiro@somervillema.gov<mailto:dshapiro@somervillema.gov>
From: City of Somerville - Records Access Officer
I sent you an email a couple of minutes ago on topic.
David Shapiro
From: City of Somerville - Records Access Officer
Mr. Dwan,
Attached are additional documents provided by staff responsive to your public records request for civil asset forfeiture funds.
David Shapiro
David Shapiro
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: 617-625-6600 Extn. 4409
Fax: 617-776-8847
dshapiro@somervillema.gov
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