BRIC Quarterly Threat Assessment

Dear Matthew Petti
Thank you for your interest in public records of Boston Police Department. Your request has been received and is being processed. Your request was received in this office on 3/5/2024 8:53:54 PM and given the reference number B000630-030524 for tracking purposes.
If this is a media request, please contact the Office of Media Relations directly at 617.343.4520.
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

The BRIC Quarterly Threat Assessments for Q1 2021, Q2 2021, Q2 2022, Q4 2023 and Q1 2024.

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, and is not made 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,

Matthew Petti

Upload documents directly: https://www.muckrock.com/
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center.
Director, Public Information
Boston Police Department

Track the issue status and respond at: https://bostonma.govqa.us/WEBAPP//_rs/RequestEdit.aspx?rid=30288

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03/20/2024 RE: PUBLIC RECORDS REQUEST of March 05, 2024., Reference # B000630-030524 Dear Matthew Petti: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records with respect to responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

The BRIC Quarterly Threat Assessments for Q1 2021, Q2 2021, Q2 2022, Q4 2023 and Q1 2024.

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, and is not made 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,

Matthew Petti

Upload documents directly: https://www.muckrock.com/ A response to a public records request must be provided within ten (10) business days of receiving a written request.  G. L. c. 66, § 10 (a); 950 CMR 32.06(2)(b).  The public records law permits a response time of up to twenty-five (25) business days from the business day a written request is received, so long as a detailed explanation is provided.  G. L. c. 66, § 10(b)(vi); 950 CMR 32.06(2)(i). Due to the nature of your request, additional time is needed.  As such, the City will need up to, but no more than, fifteen (15) additional business days to review and process your request. Bianca V. Crockett, Esq. Assistant Corporation Counsel City of Boston One City Hall Square Boston, MA 02201 Bianca.crockett@boston.gov

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04/11/2024 RE: PUBLIC RECORDS REQUEST of March 05, 2024, Reference # B000630-030524 Dear Matthew Petti: The City of Boston (City) has received your request for public records.  This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115.  It is expected that a custodian of records must use her superior knowledge of her records concerning responses to public records requests.  950 CMR 32.04(5).  Specifically, you stated:
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

The BRIC Quarterly Threat Assessments for Q1 2021, Q2 2021, Q2 2022, Q4 2023 and Q1 2024.

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, and is not made 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,

Matthew Petti

Upload documents directly: https://www.muckrock.com/ The records responsive to this request have been released to the Public Records Center.  Click the link below to log in to the Records Center. Police Records Request - B000630-030524 The Department is releasing the attached records with redactions based upon Exemptions C, F, and N.
Pursuant to G.L. c. 66 §10 and G.L. c. 4 §7(26)(c), personal identifying information relating to specific individuals, witnesses, and victims has been removed to protect their privacy.  The public's right to know the information does not outweigh the individual's right to privacy.  The information is not available from another public source.
A records custodian may withhold records concerning investigatory materials necessarily compiled out of public view by law enforcement officials where the disclosure of such materials would probably so prejudice the possibility of effective law enforcement that releasing the records is not in the public interest.  See G.L. c.4,  § 7(26) (f).  Under exemption (f), the Department redacted the  names of individuals and information relating to confidential investigative techniques. Investigative officials are allowed to provide assurances of confidentiality to individuals so that they will speak openly about matters under investigation.  Disclosing confidential investigative techniques would prejudice future law enforcement efforts. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 62 (1976).  To protect the confidentiality of individuals and to prevent a chilling effect in future law enforcement efforts, the Department redacted names and identifying information of persons and information relating to confidential investigative techniques because disclosing such information would prejudice future law enforcement efforts.

Exemption (n) concerns records related to public safety.  G. L. c. 4, § 7(26)(n).  Specifically, it allows a records custodian to withhold an otherwise public record if the record is sufficiently related to the safety or security of persons or infrastructure and if disclosure of the record, in the "reasonable judgment of the records custodian," is "likely to jeopardize public safety."  Id.  The statute expressly lists categories of records where Exemption (n) is applicable.  The following types of records and those records similar to them are included under the public safety exemption: blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation, cyber security or other infrastructure located within the commonwealth."  Id. The Department redacted information that identified specific individuals in order to protect their safety. The Department reasonably believes disclosing the names of specific individuals is likely to jeopardize public safety and is protected under Exemption (n).  In reaching the determination that public safety would be at risk by disclosing this information, the Department analyzed the record using the two prong test established in People for the Ethical Treatment of Animals (PETA) v. Dep’t of Agric. Res. See People for the Ethical Treatment of Animals (PETA) v. Dep’t of Agric. Res. , 477 Mass. 280, 292 (2017).  The first prong of the analysis in determining applicability of the public safety exemption is how closely does the requested record resemble the records enumerated in the statute and whether the record is one a terrorist would find use to maximize damage.  The second prong is whether the custodian has provided sufficient factual heft for a reviewing court to conclude that a reasonable person would agree with the determination.  Id. The Department's interactions with individuals as witnesses and communications with individuals are an essential part of plans, policies, procedures and contribute to security measures that relate to the security and safety of persons, buildings, and infrastructure. A terrorist would find this information of use to maximize damage because the individuals could be targeted.  Release of this information could alert potential suspects to the activities of law enforcement officials.  Also, disclosure of this information would jeopardize public safety because it would inhibit police investigatory work and would discourage members of the public from communicating with the police. The records sought resemble the records enumerated in Exemption (n).  Disclosing this information would cause serious risk to public safety of individuals and would be useful to terrorists wishing to maximize damage by identifying security procedures and plans meant to protect individuals and infrastructure. Because release of these records would be useful to a terrorist to maximize damage, the first prong of the test is satisfied. The second part of the analysis requires the Department to exercise reasonable judgment that disclosure of the records jeopardizes public safety.  In determining reasonableness, the custodian must provide factual support that disclosure of the record is likely to jeopardize public safety.  The requested records contain information that are part of plans, policies, and procedures that relate to the security and safety of persons, buildings, and infrastructure; therefore, it is reasonable for the Department to withhold specific information in the records to protect public safety.  Releasing this information would provide access to Department plans that relate to the safety and security of persons, buildings, and infrastructure.  By looking at the express language of the statute, the requested records are the type of records or information that Exemption (n) seeks to protect from disclosure.  G. L. c. 4, § 7(26)(n).  Because the redacted information is contained in records contemplated by Exemption (n) and are of use to a terrorist to maximize damage, the Department in exercising its reasonable judgment has determined that disclosure of certain information in the requested records is likely to jeopardize public safety. See PETA.  For the foregoing reasons, the Department redacted information under Exemption (n). You may appeal this response to the Supervisor of Records in the Office of the Secretary of the Commonwealth. G. L. c. 66, § 10A (c); G. L. c. 66, § 10(b)(ix); 950 CMR 32.08; 950 CMR 32.08(1)(h) (in petitioning the Supervisor, the requester shall provide a copy of such petition to the records access officer associated with such petition).  You may also appeal to the Superior Court.  950 CMR 32.06(3)(c). Thank you for your patience in awaiting this information. Sincerely, Teresa K. Anderson, Esq. Assistant Corporation Counsel Boston Police Department – Office of the Legal Advisor Boston Regional Intelligence Center (BRIC) One Schroeder Plaza Boston, MA 02120 Phone: (617) 343-4328

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Hi Matthew,
There are no further documents responsive to your request - there are no assessments for or within the other three quarters you requested.
Please let me know if you have any additional questions.
Thanks,
Teresa