WPD Civilian Complaints

To Caitlin:

I am writing on behalf of Records Access Officer ("RAO") Mary Ann Silva in connection with your public request dated March 30, 2017 for:

"-All civilian complaints filed against the Wareham Police Department for the years 2010 to the present.”

To date, we have not received payment of $33.75 for your prior request for:

"-Any and all emails between any and all members of the Wareham Board of Selectmen from April 2013 to Dec. 2016 containing keywords and phrases “sewer”, “sewerage”, “Inter-municipal agreement”, “sewer commission”, “sewer commissioners”, “indirect costs”, “independent counsel”, “Guy Campinha”, and “Marilyn Jordan.”
-Any and all emails between any members of the Wareham Board of Selectmen and the Town Administrator’s office from April 2013 to Dec. 2016 containing keywords and phrases “sewer”, “sewerage”, “Inter-municipal agreement”, “sewer commission”, “sewer commissioners”, “Guy Campinha”, “Marilyn Jordan”, “indirect costs”, and “independent counsel.”
-Any and all emails between any and all members of the the Wareham Board of Selectmen and any and all members of the Wareham Board of Sewer Commissioners from May 2015 to Dec. 2016.”

You agreed to pay the Town of Wareham this amount on February 15, 2017. Per 950 CMR, section 32.07, item N:

* (n) Failure to Pay Fee. A records access officer may provide written notice denying access to public records to a requester who has failed to compensate the custodian for previously produced public records, provided: 1. a fee estimate for a previous request was prepared in compliance with 950 CMR 32.00 and the requester agreed to pay the previous fee; 2. the written notice details the reasons for denial, including an itemized list of any balances attributed to previously produced records.

You may appeal this determination in the manner specified by statute, which I have excerpted from the Secretary of State's website and set out below for your convenience.

Thank you.

Jenna L. Correia

Department Assistant III

Town of Wareham Clerk's Office

508-291-3100 x 3142

Administrative and Judicial Remedies G. L. c. 66, § 10A
(a) If an agency or municipality fails to comply with a requirement of section 10 or issues a response the requestor believes in violation of section 10, the person who submitted the initial request for public records may petition the supervisor of records for a determination as to whether a violation has occurred. In assessing whether a violation has occurred, the supervisor of records may inspect any record or copy of a record in camera; provided, however, that where a record has been withheld on the basis of a claim of the attorney-client privilege, the supervisor of records shall not inspect the record but shall require, as part of the decision making process, that the agency or municipality provide a detailed description of the record, including the names of the author and recipients, the date, the substance of such record, and the grounds upon which the attorney-client privilege is being claimed. If an agency or municipality elects to provide a record, claimed to be subject to the attorney-client privilege, to the supervisor of records for in camera inspection, said inspection shall not waive any legally applicable privileges, including without limitation, the attorney- client privilege and the attorney work product privilege. The supervisor of records shall issue a written determination regarding any petition submitted in accordance with this section not later than 10 business days following receipt of the petition by the supervisor of records. Upon a determination by the supervisor of records that a violation has occurred, the supervisor of records shall order timely and appropriate relief. A requestor, aggrieved by an order issued by the supervisor of records or upon the failure of the supervisor of records to issue a timely determination, may obtain judicial review only through an action in superior court seeking relief in the nature of certiorari under section 4 of chapter 249 and as prescribed in subsection (d).
(b) If an agency or municipality refuses or fails to comply with an order issued by the supervisor of records, the supervisor of records may notify the attorney general who, after consultation with the supervisor of records, may take whatever measures the attorney general considers necessary to ensure compliance. If the attorney general files an action to compel compliance, the action shall be filed in Suffolk superior court with respect to state agencies and, with respect to municipalities, in the superior court in the county in which the municipality is located. The attorney general shall designate an individual within the office of the attorney general to serve as a primary point of contact for the supervisor of records. In addition to any other duties the attorney general may impose, the designee shall serve as a primary point of contact within the office of the attorney general regarding notice from the supervisor of records that an agency or municipality has refused or failed to comply with an order issued by the supervisor of records.
(c) Notwithstanding the procedure in subsections (a) or (b), a requestor may initiate a civil action to enforce the requirements of this chapter. Any action under this subsection shall be filed in Suffolk superior court with respect to agencies and, with respect to municipalities, in the superior court in the county in which the municipality is located. The superior court shall have available all remedies at law or in equity; provided, however, that any damages awarded shall be consistent with subsection
(d). (d)(1) In any action filed by a requestor pursuant to this section: (i) the superior court shall have jurisdiction to enjoin agency or municipal action; (ii) the superior court shall determine the propriety of any agency or municipal action de novo and may inspect the contents of any defendant agency or municipality record in camera, provided, however, that the in camera review shall not waive any legally applicable privileges, including without limitation, the attorney- client privilege and the attorney work product privilege; (iii) the superior court shall, when feasible, expedite the proceeding; (iv) a presumption shall exist that each record sought is public and the burden shall be on the defendant agency or municipality to prove, by a preponderance of the evidence, that such record or portion of the record may be withheld in accordance with state or federal law. (2) The superior court may award reasonable attorney fees and costs in any case in which the requester obtains relief through a judicial order, consent decree, or the provision of requested documents after the filing of a complaint. There shall be a presumption in favor of an award of fees and costs unless the agency or municipality establishes that: (i) the supervisor found that the agency or municipality did not violate this chapter; (ii) the agency or municipality reasonably relied upon a published opinion of an appellate court of the commonwealth based on substantially similar facts; (iii) the agency or municipality reasonably relied upon a published opinion by the attorney general based on substantially similar facts; (iv) the request was designed or intended to harass or intimidate; or (v) the request was not in the public interest and made for a commercial purpose unrelated to disseminating information to the public about actual or alleged government activity. If the superior court determines that an award of reasonable attorney fees or costs is not warranted, the judge shall issue written findings specifying the reasons for the denial. (3) If the superior court awards reasonable attorneys' fees and other litigation costs reasonably incurred to the requestor, it shall order the agency or municipality to waive any fee assessed under subsection (d) of section 10. If the superior court does not award reasonable attorneys' fees and other litigation costs reasonably incurred to the requestor, it may order the agency or municipality to waive any fee assessed under said subsection (d) of said section 10. Whether the superior court determines to waive any fee assessed under said subsection (d) of said section 10, it shall issue findings specifying the basis for such decision. (4) If a requestor has obtained judgment in superior court in a case under this section and has demonstrated that the defendant agency or municipality, in withholding or failing to timely furnish the requested record or any portion of the record or in assessing an unreasonable fee, did not act in good faith, the superior court may assess punitive damages against the defendant agency or municipality in an amount not less than $1,000 nor more than $5,000, to be deposited into the Public Records Assistance Fund established in section 35DDD of chapter 10.
(e) Notwithstanding any other provision of this chapter, the attorney general may, at any time, file a complaint in Suffolk superior court with respect to agencies and, with respect to municipalities, in the superior court in the county in which the municipality is located, to ensure compliance with this chapter and may further intervene as of right in any action filed in accordance with this section. In any action filed or in which the attorney general has intervened under this subsection, paragraphs (1) and (4) of subsection (d) shall apply and any public records the court orders produced shall be provided without a fee.?

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To: Caitlin Russell

I am writing on behalf of Records Access Officer ("RAO") Mary Ann Silva in connection with your public request dated March 30, 2017. You specifically requested the following:

* ​​All civilian complaints filed against the Wareham Police Department for the years 2010 to the present.

Attached please find the information as requested. Providing this information completes this public request however should you have any questions or need further information, please don't hesitate to contact me.

Thank you.

Jenna L. Correia

Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

​To: Caitlin

I am following up on Attorney Bowen's email that he sent on Thursday 6/29/17. Did you receive that correspondence?

Also, can you please confirm what email address we all should be using to reach you? It seems there are a couple being used by MuckRock.com and we want to be sure we are responding to the correct email/request. I have been periodically checking your website to make sure the information we are providing is posted because you have indicated it’s publicly available on MuckRock.com. and it seems some of our responses/replies with information have not been posted to your website. I just want to be sure the information we are providing, as requested, is getting to you.

Thank you.

Jenna L. Correia
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

​To: Caitlin

Attached please find some of the correspondence related to your WPD Civilian Complaint request. Per Attorney Bowen's email on June 29th, there is still more work to be done and we are waiting your

Also, can you please confirm the proper email address for you?

​

Thank you.

Jenna L. Correia
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

​To: Caitlin

Attached please find some of the correspondence related to your WPD Civilian Complaint request. Per Attorney Bowen's email on June 29th, there is still more work to be done and we are waiting your

Also, can you please confirm the proper email address for you?

​

Thank you.

Jenna L. Correia
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

?To: Caitlin

As required by Massachusetts Public Records Law, Chapter 66, § 10 of the Massachusetts General Law, please accept this email as response to your request for access to public records, specifically requesting the following:

* All civilian complaints filed against the Wareham Police Department for the years 2010 to the present

After receiving payment from an outstanding/prior request on a different subject; your request was reviewed and a memo with the information requested was sent to you on June 15th.

At that time you responded and requested the original complaints. On July 5th a packet of information was sent to you and it was explained more information would be sent at a later date as there was still more work to be done.

As you know, Municipalities with a population of over 20,000 may not assess a fee for the first two hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Between myself, Town Counsel and the Wareham Police Dept., we have spent hours on this one request and have not charged any fees for compiling, segregation and redaction.

Attached please find all documents in my possession that relate to your request. Please note the redactions are based on Exemptions (a) (c) and (f). Attached are those exemptions for your reference.

There are two reports from 9/19/11 and 11/15/11 that are still being reviewed by Town Counsel. Once I have that information, I will email to you and that will complete this request. ?

?

Jenna L. Correia
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.

To: Caitlin

Below please see Attorney Bowen's email dated July 20, 2017. I have also attached this correspondence to this email.

Please let me know when payment will be sent.

Jenna L. Correia
Department Assistant III
Town of Wareham Clerk's Office
508-291-3100 x 3142​