Aircraft information request
| Submitted | June 9, 2020 |
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Communications
From: Jacob Appelbaum
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
All records, documents, emails, and other correspondence regarding or related to the 2009 model Ec 135 t2+ Eurocopter deutschland gmbh helicopter as well as any additional equipment attached to the aircraft. This aircraft has serial number 0823 and holds registration N822PP. This aircraft uses the mode-s code of AB399C in hexadecimal. I request records, documents, emails, privacy assessments, purchase orders, maintenance records, and other correspondence relating to the equipment.
Additionally, I would like any manuals, procedures, communications protocols, and any communications related to inter-agency coordination. This should include pilot logs, flight plans, and surveillance plans. Specifically, I am looking for any and all data relating to flights over and near the city of Boston (Jamaica Plains). The data for the last week with a focus on the months of May and June 2020 where the aircraft was documented flying in circles over demonstrations at an altitude of 1,100 feet. Any imaging or other surveillance data from onboard collection is additionally requested, as well as any policies which govern the collection, processing, use, and dissemination of this data. Any communication about this data or related data should be included, especially inter-agency communications, and metadata.
This information is part of a journalistic research project involving the Seattle Privacy Coalition.
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,
Jacob Appelbaum
From: Massachusetts State Police
Good Afternoon Mr. Appelbaum,
Please be advised the Massachusetts State Police received your request seeking:
"All records, documents, emails, and other correspondence regarding or related to the 2009 model Ec 135 t2+ Eurocopter deutschland gmbh helicopter as well as any additional equipment attached to the aircraft"
"records, documents, emails, privacy assessments, purchase orders, maintenance records, and other correspondence relating to the equipment"
and
"any manuals, procedures, communications protocols, and any communications related to inter-agency coordination. This should include pilot logs, flight plans, and surveillance plans. Specifically, I am looking for any and all data relating to flights over and near the city of Boston (Jamaica Plains). The data for the last week with a focus on the months of May and June 2020 where the aircraft was documented flying in circles over demonstrations at an altitude of 1,100 feet. Any imaging or other surveillance data from onboard collection is additionally requested, as well as any policies which govern the collection, processing, use, and dissemination of this data. Any communication about this data or related data should be included, especially inter-agency communications, and metadata."
I have conducted some research and due to the broad nature of this request it may result in thousands of pages of potentially responsive documents and may take staff members over a week to gather. Would it be possible to narrow the time period or to discuss other ways to narrow the scope of your request?
Please let me know how you would like to proceed.
Respectfully,
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: Jacob Appelbaum
Dear Mr. Reilly,
Thank you for your prompt reply, it is very much appreciated!
I'm primarily interested in contemporary records from the middle of May (~15th) through the middle of June (~15th) 2020. Historical records which are easily available are also of interest but if they're a hassle, I'm happy to deal with historical records in a subsequent request at a later date. I hope that will sufficiently narrow the scope of the request to something more manageable. If not, I'm happy to continue an ongoing discussion.
Thank you again for your time!
Sincerely,
Jacob Appelbaum
From: Massachusetts State Police
Mr. Appelbaum,
The Massachusetts Department of State Police ("Department") is in receipt of your request dated June 9, 2020 seeking the following:
1. "All records, documents, emails, and other correspondence regarding or related to the 2009 model Ec 135 t2+ Eurocopter deutschland gmbh helicopter as well as any additional equipment attached to the aircraft. This aircraft has serial number 0823 and holds registration N822PP. This aircraft uses the mode-s code of AB399C in hexadecimal. I request records, documents, emails, privacy assessments, purchase orders, maintenance records, and other correspondence relating to the equipment."
2. "Additionally, I would like any manuals, procedures, communications protocols, and any communications related to inter-agency coordination. This should include pilot logs, flight plans, and surveillance plans. Specifically, I am looking for any and all data relating to flights over and near the city of Boston (Jamaica Plains). The data for the last week with a focus on the months of May and June 2020 where the aircraft was documented flying in circles over demonstrations at an altitude of 1,100 feet. Any imaging or other surveillance data from onboard collection is additionally requested, as well as any policies which govern the collection, processing, use, and dissemination of this data. Any communication about this data or related data should be included, especially inter-agency communications, and metadata."
The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. Given the scope of your request, the Department is assessing a fee estimate for costs associated with a response for your request.
The Department has consulted with the Executive Office of Technology Services and Security (EOTSS), which drafted specific search terms to facilitate a response to requests for all emails relating to the "2009 model Ec 135 t2+ Eurocopter deutschland gmbh helicopter" and to flights over and near the city of Boston in May and June 2020. The Department, through (EOTSS), conducted a preliminary search of emails for the designated time period(s) and advises that there are approximately 143,600 emails potentially responsive to this request. This includes approximately 137,000 emails for the period from January 1, 2009, through May 1, 2020, and approximately 6,600 emails for the period from May 1, 2020, through June 9, 2020.These 143,600 emails may contain a phrase for which you have requested records. Staff would be required to review each of these emails individually in order to determine whether the context of these phrases within those records made them responsive to your request.
In addition, after consultation with the Massachusetts State Police Air Wing, it has been estimated that it would take staff at least 70 hours to locate, identify, and copy the additional records sought as part your request. In order to fulfill this request, the Department will need to conduct an extensive search of its records. As some of these records are not stored electronically, Department members will have to search through the records by hand to identify responsive documents. Given the broad range of records sought in this request, and considering this helicopter has been in service for approximately 10 years, the request is likely to produce thousands of pages of responsive documents, including but not limited to, maintenance records, purchase orders, log entries, electronic data, and mission sheets. Identifying and reviewing all of these records will be extremely time-consuming and burdensome. Please also be aware that the Department does not file flight plans for all missions.
The Massachusetts State Police is a law enforcement agency with various missions ranging from public safety and criminal justice, to homeland security and emergency preparedness, a large percentage of department and records may relate to highly sensitive matters. Further, given our office's and our agencies' collaboration with other state and federal agencies on criminal investigations and other matters regarding state and national security, the resulting records undoubtedly contain privileged and exempt information such as CORI data, intelligence and investigative data, personnel, private, and security related information, as well as information related solely to internal personnel rules and practices of government necessary to withhold to ensure the proper performance of the Massachusetts State Police. These categories of information are specifically exempt pursuant to G.L. c. 4, § 7, cl. 26 (a), (b), (c), (f), and/or (n) and are not subject to public disclosure. Accordingly, the information must be segregated and redacted from the records before the records are produced to a third party such as the requestor. As a state agency with the responsibility for maintaining extensive confidential information, the Massachusetts State Police has an obligation to ensure proper procedures are maintained to prevent the dissemination of information which is protected from disclosure by law. Fulfilling such an obligation requires a careful review and segregation of records intended for disclosure. As you are no doubt aware, segregation and redaction of records, including email messages, often involves the application of multiple exemptions to the public records law to a single email or document or even a single paragraph or sentence within an email or document. Some information is simultaneously protected by more than one exemption or different exemptions depending on context or the time of disclosure. Moreover, a review of each of these emails and documents would be required to determine if an exemption applies.
The labor associated with researching, reviewing, and gathering this voluminous amount of information would be extremely costly, time-consuming, and burdensome. As you know, the Department may, pursuant to 950 CMR 32.07, assess a fee to individuals whose request would impose a significant cost on public agencies. The fees assessment is imposed to defray the cost of researching, gathering, and reviewing Department documents that may be responsive to a request.
Given that there are 143,600 potentially responsive emails alongside potentially thousands of pages of additional documents that the Department must review and redact, this will impose an onerous burden on the Department, which will have to devote limited resources to review and redact these records.
Given the volume of information requiring review, the Department's good faith estimate of cost amounts to $181,150. This amount is based upon the following: the Department will be required to review each of the 143,600 emails. The Department estimates, conservatively and in good faith, that it will expend an average of 3 minutes to review each email. Accordingly, the good faith estimate for reviewing emails is calculated at (3min x 143,600 equals 430,800 minutes/60 minutes equals 7,180 hours) at a rate of $25/hour which equals $179,500. In addition, the Department estimates it will require 70 hours to search for and review the additional records sought resulting in a cost of $1,650.00 (70 hours x $25.00 = $1,650) resulting in a total cost of $181,150 (7250 hours- 4 gratis hours =7,246 hours x $25/hour). The Department is willing to continue to work with you to narrow your request in terms of time or scope.
This estimate represents an actual and good faith representation. The cost is necessary, reasonable, and not designed to limit, deter, or prevent access to requested public records. The Department has filed, in an abundance of caution, a fee petition with the Supervisor of Public Records.
Please let me know if you want to move forward with your request. Upon receipt of a check in the above referenced amount the Department will commence a search of the requested information. Be aware that given the amount of information being requested, the Department cannot project a timetable as to when the Department can complete this research.
If you have any questions or concerns, or if you wish to discuss this matter further, please do not hesitate to contact me directly. If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records as set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A.
Respectfully,
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: Massachusetts State Police
To Supervisor -
Good Morning,
The Department of State Police ("The Department") received a public records request from Mr. Jacob Appelbaum at MuckRcok on June 9, 2020. After reviewing the request the Department responded with the attached fee petition. This petition was emailed to Mr. Appelbaum via MuckRock today. The Department respectfully requests that the Supervisor allow this petition. Please feel free to contact me if you have any questions.
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: Massachusetts State Police
Hello,
Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Thank you,
Andrew Ghobrial
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Massachusetts State Police
Good Afternoon Mr. Appelbaum,
Thank you for your response. Please be advised that the Office of the Chief Legal Counsel of the Massachusetts State Police is currently in the process of reviewing your request. Given the recent public health crisis in the Commonwealth of Massachusetts, we will be delayed in our response. We appreciate your patience.
Please also be advised that the Department considers your request dated June 21, 2020 to be a new request pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law, separate from your request dated June 9, 2020. The Department reserves its rights as to the fee petition filed in the matter of the June 9, 2020 request.
As a matter of clarification, are you seeking all categories of records (emails, maintenance records, purchase orders, etc.) sought in your June 9 request for this new time period, or are you are specifically seeking the data for the flights over Boston?
Would it be possible to arrange a phone call to discuss your request further?
Please do not hesitate to contact me directly if you have any additional questions or concerns.
Respectfully,
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: Jacob Appelbaum
Dear Mr. Reilly,
Thank you very much for your extremely detailed replies. I've attempted to phone you at the number in your last email and left you a message. I'm more than willing to discuss how we might narrow the request as I think that $181,150 is a bit steep for the bureaucratic history of a single helicopter. The estimate is impressive and well calculated! This leads me to believe that we should separate the historical data with the understanding that it is a burden with a high cost of production. I'm willing to set that aside and handle that in another request at a later date. I also am in agreement that this changes the effective date of filing as the request and responses should change substantially in volume.
I'd like to focus on the contemporary records for the aircraft and it's equipment as used during the middle of May (~15th) through the middle of June (~15th) 2020. This would include contemporary maintenance records, purchase orders, and communications relating to the helicopter as it is currently equipped. As an example, I'd be happy with a current accounting of the helicopter and it's equipment, and the records created and related to the flight circling Jamaica Plains during the George Floyd demonstrations in early June. An example flight such as that one that should have no national security concerns, and is hopefully minimal in terms of redaction requirements.
Thank you again for your time and your attention to detail. It's positively remarkable and I look forward to speaking by telephone soon.
Sincerely,
Jacob Appelbaum
From: Massachusetts State Police
Good Afternoon Mr. Appelbaum,
Thank you for your prompt response. Just for clarification are you also seeking emails relating to this helicopter and/or to flights over Jamaica Plain for this time period, in addition to the helicopter records for May 15, 2020 through June 15, 2020?
Would you be available to speak by phone on Friday?
Respectfully,
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
From: Jacob Appelbaum
Dear Mr. Reilly,
I'm primarily seeking emails relating to this helicopter and specifically for it flights over Jamaica Plain in that time period. Additional records for that specific helicopter for May 15, 2020 - June 15, 2020 would also be appreciated, if any should exist.
I'd be happy to speak by telephone on Friday. If there is a specific time that works, I'll give you a ring at that time.
Sincerely,
Jacob Appelbum
From: Massachusetts State Police
Good Morning Sir,
Would it be possible to move our phone call to Tuesday? In regards to emails I will put in a request the emails based on your new request for emails “relating to this helicopter and specifically for it flights over Jamaica Plain in that time period.”
Respectfully,
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
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The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
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From: Jacob Appelbaum
Dear Mr. Reilly,
Thank you for updating the request. Tuesday would be fine with me for a telephone call. Is there a time that works well for you? Morning and early afternoon works best for me, if that would work for you?
Thank you again and I hope you have a great weekend!
Sincerely,
Jacob Appelbaum
From: Massachusetts State Police
Good Afternoon Sir,
Would 2:00 be a good time for a phone call tomorrow?
Respectfully,
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
[cid:image001.png@01D64BCE.BB75BD10]
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: Jacob Appelbaum
Dear Mr. Reilly,
That works perfectly for me. I'll call at 2:00 p.m. (EST) tomorrow.
Sincerely,
Jacob Appelbaum
From: Massachusetts State Police
Good Morning Sir,
This email is to confirm, per our telephone conversation on June 30, 2020, we agree to continue to work to narrow your request in order to provide responsive documents. To that end we will be providing you with responsive documents for the dates in which you indicated interest. It is understood that you may modify your request based on the information being provided. The Department expressly reserves its rights to file a fee petition, to which you agree, and, once your request is submitted, and you agree to an extension of the time to fulfill this request as we work to determine which records may be responsive.
Please do not hesitate to contact me if you have any additional questions or concerns.
Respectfully
Joshua D. Reilly
Staff Counsel
Office of the Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
From: Jacob Appelbaum
Dear Mr. Reilly,
Thank you very much for your update. I confirm that we'll narrow the scope and I look forward to the documents that we discussed.
Thank you again for all of your efforts.
Sincerely,
Jacob Appelbaum
From: Massachusetts State Police
Good Afternoon Mr. Appelbaum,
Per our conversation, please find attached two "mission sheets" for the dates (June 4, 2020 and June 7, 2020) and helicopter (N822PP) requested.
Please do not hesitate to contact me directly if you have any questions or concerns.
Respectfully,
Josh Reilly
Joshua D. Reilly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: 508-988-7426
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The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
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From: Jacob Appelbaum
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Jacob Appelbaum
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