Controlled Substance Seizure Reports (Tewksbury Police Department)

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All controlled substance seizure reports from January 1, 2006 to the date that this request is processed.

The documents I am requesting are referenced here (http://www.sec.state.ma.us/arc/arcpdf/MA_Municipal_Records_Retention_Manual.pdf) under the heading "Police Department" item 16.014.

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

Mr. Voto,

What kind of report is generated in the event that drugs are seized by the department.

Thanks,

George

Mr. Voto,

I am revising this request to read:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All records generated in the event of a drug seizure of any kind. Limit documents to one year prior to the processing of this request.

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

Mr. Voto,

I am revising this request to read:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

The names or titles or codes or abbreviations of any forms or reports generated by the department in the event of a seizure of drugs.

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

Dear Supervisor of Records,

This is an appeal to a rejection for records requested from the Tewksbury Police Department. The original communication is copied below this message.

Mr. Voto at the Tweksbury Police Department has denied my request citing Exemption (b). I appeal. Revealing the names of documents (not the documents themselves) so that a journalist may better make a specific records request does not jeopardize or inhibit the department in any way. I am also not asking that Mr. Voto generate a record which does not exist. On the contrary I am trying to make Mr. Voto's life easier by submitting a more narrow request.

The original communication is copied below.

———— BEGIN ORIGINAL COMMUNICATION ————

From George LeVines to Tewksbury Police Department on May 28, 2013:

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All controlled substance seizure reports from January 1, 2006 to the date that this request is processed.

The documents I am requesting are referenced here (http://www.sec.state.ma.us/arc/arcpdf/MA_Municipal_Records_Retention_Manual.pdf) under the heading "Police Department" item 16.014.

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 John Voto to George LeVines on May 30, 2013:
Mr. Levines;

I have reviewed your request and wanted to let you know that we do not have Control Substance Seizure Reports. Therefore, I will not be able to complete your request.

Thanks for your cooperation in this matter.
————

From George LeVines to Tewksbury Police Department on June 13, 2013:
Mr. Voto,

What kind of report is generated in the event that drugs are seized by the department.

Thanks,

George
————

From John Voto to George LeVines on June 14, 2013:
George, I am not required to speak and make a public record of something that doesn’t exist.

Thanks for your cooperation in this matter.
————

From George LeVines to Tewksbury Police Department on June 20, 2013:
Mr. Voto,

I am revising this request to read:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All records generated in the event of a drug seizure of any kind. Limit documents to one year prior to the processing of this request.

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 John Voto to George LeVines on June 20, 2013:
Mr. Levines, your request is vague. Please try to be more specific..
————

From George LeVines to Tewksbury Police Department on June 20, 2013:
Mr. Voto,

I am revising this request to read:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

The names or titles or codes or abbreviations of any forms or reports generated by the department in the event of a seizure of drugs.

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 John Voto to George LeVines on June 20, 2013:
Dear Mr. Levines; this is a reply to your request that you have made.

Mr. Levines, I am denying your request under Massachusetts Public Records Law Exemption (b). This request relates to internal practices of this department, which is necessary for police and safety functions which would be inhibited by disclosure. Knowledge of this information will be detrimental to the security of the police officers and the knowledge of equipment used in police responses. Even acquiring this information as requested we would be creating a public document that does not exist at this time, which we are not required to do..

Thanks for your cooperation in this matter.

Also, be advised you have a right to appeal from Massachusetts Division of Public Records.