Overtime Report and Time and Labor Report, 2019 to Present
| Tracking # |
SPR22-0895 SPR21-0934 B000427-031721 |
| Submitted | March 16, 2021 |
| Est. Completion | None |
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Communications
From: David Weimer
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
I am requesting one or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
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,
David Weimer
From: Boston Police Department
Dear David Weimer
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 3/17/2021 12:17:49 AM and given the reference number B000427-031721 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:
I am requesting one or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
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,
David Weimer
Upload documents directly: https://https://www.muckrock.comhttps://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
From: Boston Police Department
--- Please respond above this line ---
David, The Boston Police Department (Department) received your request for public records. This letter shall act as the response to your request for public records. Please note this response will apply only to the records that exist and are in the custody of the Department. 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. See 950 C.M.R. 32.04(5). Specifically, you requested: one or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported. The data I'm seeking is similar to requests that have been made in the past. See the following link for an example: https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses: ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr (if start and end hours are available for this report, I would also like those) The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses: ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST In response to your request, I have been advised that we do not have existing records that would be responsive nor are we required to conduct research or create a new record per MA Public Record Law. If you have been denied records by the Boston Police Department, you have the right to appeal this decision with the Supervisor of Public Records at the Public Records Division of the Secretary of the Commonwealth.
From: David Weimer
Hello,
I'm hoping to clarify your response a bit. Are you saying that the department's response is that
(a) they do not have this specific time report (which I based on previously reported data provided by the department, c.f. https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-16367/)?
(b) they will not provide any reports from the database kept on reported, worked time?
(c) they keep no database on reported time for employees from which a report can be made?
If (a), I am happy to amend this request to ask for whatever form the current reports on reported time takes—ideally in the form of a spreadsheet with all regularly tracked data covering all shifts of regular time and overtime.
If (b) or (c), I will plan to begin an appeal with the Supervisor of Public Records.
with thanks,
Dave
From: David Weimer
Secretary of the Commonwealth
Public Records Division
McCormack Building
One Ashburton Place, Room 1719
Boston, MA 02108
Dear Public Records Division,
I'm writing to appeal this denial of a public records request to the Boston Police Department, reference number B000427-031721.
As you can see in the email chain available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810, I requested a detailed time and labor report from January 2019 through the present on 17 March. The department responded that "we do not have existing records that would be responsive nor are we required to conduct research or create a new record per MA Public Record Law."
As I understand it, creating a report from a database does fall under the MA Public Record law. I sent a response asking for clarification on this point on 22 March, but have gotten no response.
with thanks,
Dave Weimer
From: Boston Police Department
Dear Records Custodian,
This office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you are able to provide further information or have any questions relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832.
Given that the Supervisor of Records must issue a determination within ten business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Thank you,
Jeff Gottfredsen
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832 | Jeffrey.Gottfredsen@sec.state.ma.us
From: Boston Police Department
Good Afternoon,
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,
Jack Robertson
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: David Weimer
Dear Attorney Robertson and Attorney Williams,
I am writing to ask about the status of this appeal. It has been more than 10 business days and the Boston Police Department has not responded in any way to this appeal.
with thanks,
Dave
From: Boston Police Department
Hello,
I am writing to provide you with the steps to further appeal any response you may receive to the attached determination letter issued for your appeal. Should you receive a response and wish to further appeal it all you need do is email the Division directly at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note your previous appeal number (cited above), what you take issue with within the scope of the Public Records Law concerning the new response, and that you'd like a new appeal to assess your issues.
Please be aware that if you have yet to receive a response to the determination letter you do not need to further appeal a lack of response to the appeal; as part of the compliance process this office has reached out to the custodian to inquire as to a response. Please feel free to contact us with any questions or other need for assistance.
In the event you have already received a response and appealed it or require no further assistance, please feel free to disregard this communication.
Most sincerely,
Joshua Stair
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx
From: Boston Police Department
Good Afternoon,
I am following up to this appeal (SPR 2021-0934) as well as two predecessors under SPR 2020-2507 and SPR 2020-2508. To date the requestor has contacted this office indicating he has not received any response. Please advise this office and the requestor as to the availability of any responsive records for production as well as an estimated date of response for resolution to these matters. Any correspondence sent to the requestor should also be copied to this office via pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>
Most Sincerely,
Angela M. Puccini, Esq.
Senior Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx
From: Boston Police Department
--- Please respond above this line ---
City of Boston
Shawn A. Williams, Esq.
Director of Public Records 09/07/2021 RE: PUBLIC RECORDS REQUEST of March 17, 2021., Reference # B000427-031721 Dear David: 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:
one or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
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,
David Weimer
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/ This appears to be a request to conduct research; the Massachusetts public records law applies only to records that exist. The payroll for City of Boston employees is available online: https://data.boston.gov/dataset/employee-earnings-report Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsj8PZ-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxNhv2shqDtLce4A4u5MVNRc-3D5Loe_oCobIyGzc96AkT-2Bxj6ElQsVoa4MaR4adgc0Je-2F6H-2BWkRNQBZGAO0EmQMiFF55ApkkSH1WrE41Tt0q4A-2F9oVwH2k8iHdDVV5xQW9KR0c4TdNWILSGEHSfNMSNkSUiOgwIPsgxn7uwBu9-2BeIPYmFzdrMcZIesuylukKukFD9aFhXPYLTTlqrmOLEoy6FnTZDNBt2H6WjP7K4n-2FpMjRq2Gojx2yN5mXN-2FYxDybidav94-2FkTzBtsUKPk3Ujs6qz1ONF1kZl8JENJIoxMJaSBmgaxxJqWq4A5gzjbdY-2BrXgDn6cSwIwBVkEEbkYQ7eWDTDPDJlfqCWVXbiKLgcjDRHEG8gdHGdmbt31N37e8VHvU3Ngp1inRdrm0OVVAnOyB4vRHNoozfm762eqdk0nTZVMsnFg-3D-3D)
From: David Weimer
Dear Shawn,
This is data not covered in the payroll data that is publicly available, as I made clear in my original correspondence.
I do not think this request qualifies as new research. And the appeals division has asked that the Boston Police Department explain why it cannot produce records that it has produced in the past. You can see all the correspondence about this request here: https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810.
As I understand it, public records include records and reports from databases kept by city departments. I am clearly asking fro a report from time and labor records that the department has kept in the past and that is reasonable to expect a department to continue to keep. If you think that is not true, let me know and I will appeal that issue to the state.
Again, please do not close this request since it is under active appeal with the state (SPR 2021-0934).
with thanks,
Dave
From: Boston Police Department
Hello,
Unfortunately your email was not recognized and has not been routed accordingly. Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: "City of Boston"[CityofBoston@govqa.us]
September 8, 2021
This is a follow up to request number SPR21-0934:
Dear Shawn,
This is data not covered in the payroll data that is publicly available, as I made clear in my original correspondence.
I do not think this request qualifies as new research. And the appeals division has asked that the Boston Police Department explain why it cannot produce records that it has produced in the past. You can see all the correspondence about this request here: https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810.
As I understand it, public records include records and reports from databases kept by city departments. I am clearly asking fro a report from time and labor records that the department has kept in the past and that is reasonable to expect a department to continue to keep. If you think that is not true, let me know and I will appeal that issue to the state.
Again, please do not close this request since it is under active appeal with the state (SPR 2021-0934).
with thanks,
Dave
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
Filed via MuckRock.com
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For mailed responses, please address (see note):
MuckRock News
DEPT MR 109810
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Sept. 7, 2021:
Subject: Police Records Request :: B000427-031721
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: David Weimer
Dear Atty Williams,
Re: Reference # B000427-031721
This is data not covered in the payroll data that is publicly available, as I made clear in my original correspondence.
I do not think this request qualifies as new research. And the appeals division has asked that the Boston Police Department explain why it cannot produce records that it has produced in the past. You can see all the correspondence about this request here: https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810.
As I understand it, public records include records and reports from databases kept by city departments. I am clearly asking fro a report from time and labor records that the department has kept in the past and that is reasonable to expect a department to continue to keep. If you think that is not true, let me know and I will appeal that issue to the state.
Again, please do not close this request since it is under active appeal with the state (SPR 2021-0934).
with thanks,
Dave
From: David Weimer
Secretary of the Commonwealth
Public Records Division
McCormack Building
One Ashburton Place, Room 1719
Boston, MA 02108
Dear Public Records Division,
I'm writing to appeal this denial of a public records request to the Boston Police Department, reference number B000427-031721 and appeal SPR 2021-0934.
As you can see in the email chain available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810, I requested a detailed time and labor report from January 2019 through the present on 17 March. In response to the appeal, the Director of Public Records denied the request. He responded that "this appears to be a request to conduct research."
As I understand it, creating a report from a database is not considered additional research but is instead considered as existing records. In addition, as I have stated in previous correspondence, the department has been able to produce these records as recently as 2016 (https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files). I ask that the department please be required to produce these records.
with thanks,
Dave Weimer
From: Boston Police Department
Good Morning,
Could you please forward the copy of the original request filed and the response provided?
Very Respectfully,
Benjamin
Benjamin Chan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: David Weimer
Dear Benjamin,
All the correspondence is available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810/
thanks,
Dave
From: Boston Police Department
Dear Records Custodian,
This office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you are able to provide further information or have any questions relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832.
Given that the Supervisor of Records must issue a determination within ten business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Please note, this appeal concerns the City's response to SPR21/0934 (City Ref. No. B000427-031721). The requestor's correspondence with this office, included in the case file, also contains references to SPR21/2714. That is a separate request with EOPSS, and is not the subject of this appeal.
Thank you,
Jeff Gottfredsen
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832 | Jeffrey.Gottfredsen@sec.state.ma.us
From: Boston Police Department
--- Please respond above this line ---
City of Boston
Shawn A. Williams, Esq.
Director of Public Records 11/18/2021 RE: PUBLIC RECORDS REQUEST of March 17, 2021., Reference # B000427-031721; SPR21-3027 Dear David: The City of Boston (City) has received a copy of your petition to the Supervisor of Public Records, related to your request for public records In your request, you stated:
one or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
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,
David Weimer
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
[SPR21/0934] I have copied representatives from the Police department on this correspondence in an effort to obtain an update on the status of your March 17, 2021 public records request. I will provide an update to you once additional information is provided to me by the department. A copy of any update, as well as this communication will be provided to the Supervisor of Public Records. I ask that any written determination by the Supervisor acknowledge this communication as an act of cooperation towards resolving any outstanding issues associated with your request for public records. Very truly yours, Jean E. Shirley Executive Assistant to the Director of Public Records City of Boston One City Hall Plaza Boston, MA 02210 (617) 635-4023
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsj8PZ-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxNhv2shqDtLce4A4u5MVNRc-3DLX4F_oCobIyGzc96AkT-2Bxj6ElQsVoa4MaR4adgc0Je-2F6H-2BWkRNQBZGAO0EmQMiFF55ApkkSH1WrE41Tt0q4A-2F9oVwH1lc9j4koQw4JKLHMt5GMc-2B5-2Bz9wF6iHEpvgmkusgO25kNilNOSb8Pe5GaaYm3iLBiSddCEKgNAEtHjTP71jA0h8h4FToOyh-2BvRfAFYp8sGFV58EgjJzQaDgiMZjtg3dY49qCcVYevDJaT3gs-2FfjcvmCGz1Et1jRS-2F-2BE9xOy6k9paDBHznPwjefff2HlJ8Yf-2B2Th9sgxfUdMj6BXcuPSbqZ6PH-2BtFPbN1unov-2BUYiqruB4RGGyNyss78k945ZeGd2mwWLhLjhSYg01cfjYVQuqoYO8UnU7BdDo3bV3UVALLQM0-2BLKpsN7TuMC-2FsC-2BTyenw-3D-3D)
From: Division Of Capital Asset Management And Maintenance
Good Morning,
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>.
Very Respectfully,
Benjamin
Benjamin Chan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: David Weimer
Hello,
I have received no response based on the determination of the Supervisor of Records. Can I please have an update about the status of this request?
with thanks,
Dave
From: Boston Police Department
Hello,
Unfortunately your email was not recognized and has not been routed accordingly. Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: "City of Boston"[CityofBoston@govqa.us]
CC: [pre@sec.state.ma.us]
February 26, 2022
This is a follow up to request number SPR21-0934:
Hello,
I have received no response based on the determination of the Supervisor of Records. Can I please have an update about the status of this request?
with thanks,
Dave
View request history, upload responsive documents, and report problems here:
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For mailed responses, please address (see note):
MuckRock News
DEPT MR 109810
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Nov. 30, 2021:
Subject: Public Records Division - Determination SPR21/3027
Good Morning,
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.
Very Respectfully,
Benjamin
Benjamin Chan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
---
On Nov. 18, 2021:
Subject: Police Records Request :: B000427-031721
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: Boston Police Department
--- Please respond above this line ---
02/28/2022 RE: PUBLIC RECORDS REQUEST of March 17, 2021., Reference # B000427-031721; [SPR21/0934] [SPR21/3027] Dear David Weimer: 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:
one or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
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,
David Weimer
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
It is my understanding that there is no one record that exists responsive to your request. The BPD did create such records in the past but no longer does so. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsj8PZ-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxNhv2shqDtLce4A4u5MVNRc-3DSFWX_oCobIyGzc96AkT-2Bxj6ElQsVoa4MaR4adgc0Je-2F6H-2BWkRNQBZGAO0EmQMiFF55ApkkSH1WrE41Tt0q4A-2F9oVwH8KIV3n0-2Fcmn-2F36awYTpkia7tN4z-2F0-2FSIKYDt0QKtJdiL3mQk-2BjEKMplAxFFn4be1IqwrDBes9jRYtcjvOeNptwif2U7tl8r6dUQlTxPHaVDu8a65rpnsyMd0yKm-2BkxD1Lr5hvJeSx9qRr6lQYgYhd6M978QDh80sKHaxcy-2BpCdwkvYkrs7VnwHe1da8GWPARko2urV5Fjs5t4lAGt7pCrE1YoxMAuGJd0ePGqb182Tb7XuU2a8CgnQUlSa42RQM-2FfOxPj00B-2FzkJwhfj1Fj0ikPyT2e4sMIA4UznhHEhexe95JFC-2FXWwGuIo32DGee72A-3D-3D)
From: David Weimer
Dear Attorney Williams,
I don't think I understand what you mean by "one record." As the letter from the Supervisor of Records (available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810/#file-982807) made clear, the law does define a record in that way. On page 2 they write:
"the definition of a “public record” in Massachusetts is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of the Commonwealth to serve a public purpose, unless it falls within a statutory exemption. G. L. c. 4, § 7(26). This definition does not distinguish between records. Rather, the law provides that all information made or received by a public entity, regardless of the manner in which it exists, constitutes “public records.”"
So, are you saying that the Police Department has no data or database that has records of time and overtime worked that would be responsive to this request? After all, they have produced data on hours worked at City Council meetings. As I understand the response to the appeal, the Police Department is responsible for querying that database and producing this data.
with thanks,
Dave
From: Boston Police Department
Good morning:
I am not sure what you are referring to here - please reply with the
reference number. I await your response.
Yours truly,
Shawn A. Williams, Esq.
Director of Public Records
<http://www.boston.gov/departments/public-records>
Records Access Officer
City of Boston
One City Hall Square
Boston, MA 02201
From: David Weimer
Dear Attorney Williams,
Sorry about that. This is in regards to Reference # B000427-031721; [SPR21/0934] [SPR21/3027]. I'll include my original message again below:
I don't think I understand what you mean by "one record." As the letter from the Supervisor of Records (available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810/#file-982807) made clear, the law does define a record in that way. On page 2 they write:
"the definition of a “public record” in Massachusetts is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of the Commonwealth to serve a public purpose, unless it falls within a statutory exemption. G. L. c. 4, § 7(26). This definition does not distinguish between records. Rather, the law provides that all information made or received by a public entity, regardless of the manner in which it exists, constitutes “public records.”"
So, are you saying that the Police Department has no data or database that has records of time and overtime worked that would be responsive to this request? After all, they have produced data on hours worked at City Council meetings. As I understand the response to the appeal, the Police Department is responsible for querying that database and producing this data.
with thanks,
Dave
From: David Weimer
Secretary of the Commonwealth
Public Records Division
McCormack Building
One Ashburton Place, Room 1719
Boston, MA 02108
Dear Public Records Division,
I'm writing to appeal this denial of a public records request to the Boston Police Department, Reference # B000427-031721; [SPR21/0934] [SPR21/3027].
As you can see in the email chain available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810, I requested a detailed time and labor report from January 2019 through the present on 17 March. The department responded that "we do not have existing records that would be responsive nor are we required to conduct research or create a new record per MA Public Record Law."
Despite two previous appeals, the city's Director of Public Records response on 28 Feb 2022 was "It is my understanding that there is no one record that exists responsive to your request. The BPD did create such records in the past but no longer does so."
The city's Director of Public Records has not responded to my email of 3/02/2022 explaining that this does not meet the definition of record that the Public Records Division provided in the text of the findings for appeal [SPR21/3027].
with thanks,
Dave Weimer
From: David Weimer
Secretary of the Commonwealth
Public Records Division
McCormack Building
One Ashburton Place, Room 1719
Boston, MA 02108
Dear Public Records Division,
I tried to send an additional appeal about a denial of a public records request to the Boston Police Department, Reference # B000427-031721; [SPR21/0934] [SPR21/3027] on 22 March 2022 but I do not think I received a response from your office. I have included the original email below:
As you can see in the email chain available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810, I requested a detailed time and labor report from January 2019 through the present on 17 March. The department responded that "we do not have existing records that would be responsive nor are we required to conduct research or create a new record per MA Public Record Law."
Despite two previous appeals, the city's Director of Public Records response on 28 Feb 2022 was "It is my understanding that there is no one record that exists responsive to your request. The BPD did create such records in the past but no longer does so."
The city's Director of Public Records has not responded to my email of 3/02/2022 explaining that this does not meet the definition of record that the Public Records Division provided in the text of the findings for appeal [SPR21/3027].
with thanks,
Dave Weimer
From: Boston Police Department
Good Morning,
Have you received a response concerning Determination SPR21/3027? If so, could you please forward a copy of the response provided.
Very Respectfully,
Benjamin
Benjamin Chan (he/him/his)
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: David Weimer
Dear Benjamin,
It is available in the Muckrock page: https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810. I've copied the exchanges below as well:
2022-02-28, from me:
"I have received no response based on the determination of the Supervisor of Records. Can I please have an update about the status of this request?"
2022-02-28, from City of Boston:
"It is my understanding that there is no one record that exists responsive to your request. The BPD did create such records in the past but no longer does so. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer"
2022-03-01, from me:
"I don't think I understand what you mean by "one record." As the letter from the Supervisor of Records (available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810/#file-982807) made clear, the law does define a record in that way. On page 2 they write:
"the definition of a “public record” in Massachusetts is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of the Commonwealth to serve a public purpose, unless it falls within a statutory exemption. G. L. c. 4, § 7(26). This definition does not distinguish between records. Rather, the law provides that all information made or received by a public entity, regardless of the manner in which it exists, constitutes “public records.”"
So, are you saying that the Police Department has no data or database that has records of time and overtime worked that would be responsive to this request? After all, they have produced data on hours worked at City Council meetings. As I understand the response to the appeal, the Police Department is responsible for querying that database and producing this data."
2022-03-02, from City of Boston
"I am not sure what you are referring to here - please reply with the
reference number. I await your response.
2022-03-02, from me
"Sorry about that. This is in regards to Reference # B000427-031721; [SPR21/0934] [SPR21/3027]. I'll include my original message again below:
I don't think I understand what you mean by "one record." As the letter from the Supervisor of Records (available at https://www.muckrock.com/foi/boston-3/overtime-report-and-time-and-labor-report-2019-to-present-109810/#file-982807) made clear, the law does define a record in that way. On page 2 they write:
"the definition of a “public record” in Massachusetts is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of the Commonwealth to serve a public purpose, unless it falls within a statutory exemption. G. L. c. 4, § 7(26). This definition does not distinguish between records. Rather, the law provides that all information made or received by a public entity, regardless of the manner in which it exists, constitutes “public records.”"
So, are you saying that the Police Department has no data or database that has records of time and overtime worked that would be responsive to this request? After all, they have produced data on hours worked at City Council meetings. As I understand the response to the appeal, the Police Department is responsible for querying that database and producing this data."
I have received nothing since then.
best,
Dave
From: Boston Police Department
Dear Records Custodian,
This office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you are able to provide further information or have any questions relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832.
Given that the Supervisor of Records must issue a determination within ten business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Thank you,
Jeff Gottfredsen
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832 | Jeffrey.Gottfredsen@sec.state.ma.us
From: Boston Police Department
--- Please respond above this line ---
04/15/2022 RE: PUBLIC RECORDS REQUEST of March 17, 2021., Reference # B000427-031721; SPR22/0895 Dear David Weimer: The City of Boston (City) has received a copy of your petition to the Supervisor of Public Records, related to your request for public records In your request, you stated:
one or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
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,
David Weimer
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
[SPR21/0934] [SPR21/3027] [SPR22/0895] I have alerted representatives from the Police department regarding this matter in an effort to resolve any outstanding issues regarding your March 17, 2021 public records request. I will provide an update to you once additional information is provided to me by the department. A copy of any update, as well as this communication will be provided to the Supervisor of Public Records. I ask that any written determination by the Supervisor acknowledge this communication as an act of cooperation towards resolving any outstanding issues associated with your request for public records. Very truly yours,
Eva Scapicchio
Paralegal
Public Records
City of Boston Law Department
617-635-3268
eva.scapicchio@boston.gov (mailto:eva.scapicchio@boston.gov)
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsj8PZ-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxNhv2shqDtLce4A4u5MVNRc-3DlFN7_oCobIyGzc96AkT-2Bxj6ElQsVoa4MaR4adgc0Je-2F6H-2BWkRNQBZGAO0EmQMiFF55ApkkSH1WrE41Tt0q4A-2F9oVwH-2B6TcfIjx0ZjOeUzarqpwLASb6GMtgxl16wmuo4mD6U5zzoazC7lhqTyqkmUILlOq2qY1BYqy04DmC1cyJO9eaQQGja6CnzWXMZSTWlfCHC2XF2jQ0MkO3EBOYyWgYn3UP2WP9PGRTfxbmAZWsdJ0W7o9NpNXQKlCdaxaUlcc-2BgRrXsQ-2BFA44E64oJrdkEa9162dB0Qf6xhAXjBTC7i6mkJ0SVK6BUgIqFtcptuWZ2eehSvZDvL6OmFSl4hgJF0ycKZZxnwaYRyLJcb5dPj8JWN2-2FxZZans1wMohaWcqZktW-2BAQ13H6vDZ5ZhKv-2BVD6-2BMg-3D-3D)
From: Boston Police Department
Hello,
Please be aware, the Supervisor of Records has issued two determinations relating to appeals in which you were involved. These determinations are 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,
John Price
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Boston Police Department
--- Please respond above this line ---
05/10/2022 RE: PUBLIC RECORDS REQUEST of March 17, 2021, Reference # B000427-031721; SPR21/0934, SPR21/3027, SPR22/0895 Dear David Weimer: 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:
One or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
Sincerely,
David Weimer
The Boston Police Department has confirmed that it has no responsive records. The records previously provided were created for a particular meeting and then provided to you. This is not an instance of merely pulling data from an existing database, as the records were specifically created for a particular purpose at that time. There are no linked databases from which such data may be pulled. The previous record was compiled from several sources and did not consist of one database extract. There are no records responsive to this request. I have copied Supervisor of Records Rebecca Murray in this communication. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsj8PZ-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxNhv2shqDtLce4A4u5MVNRc-3DagLT_oCobIyGzc96AkT-2Bxj6ElQsVoa4MaR4adgc0Je-2F6H-2BWkRNQBZGAO0EmQMiFF55ApkkSH1WrE41Tt0q4A-2F9oVwHwUuYQpY-2FtaH0kbJzuIXJqfGtavrramKcqOALGV1w2mwwHP91MMsnbFDiScPIhcyQTZdSKOHCgPIrdy3LBIo2W0RFELiy05JtbMIiXcStAPqpy3a5KUM9EUOd65KE3hZAaoYvBHL2qJRAgBMUKvkRuoY6zXUREet-2FyCL5S6zxDB-2FM6-2B9yj1gHDUs6Y3XL7K50phhrJAMnjeOy9HhWc86N4bdAgoGy5uUeDvmai9HsgDoaxfWUiGl3GZtpn5D44JyDTgYM6eFcoTIHNWQegt4gBuRLl26EC4r-2BRqavHVvFY76-2FMzOKLnGLczUWG2aVyMBfA-3D-3D)
From: David Weimer
Re: B000427-031721, SPR21-0934, SPR21-3027, SPR22-0895
Dear Attorney Williams,
Thank you for the clarification dated 10 May 2022. I understand that the Boston Police Department does not have the specific record that I referred to as a model in the initial request. However, I still do not understand how the department could not have any records responsive to this request. As the Supervisor of Records wrote in the most recent appeal, "in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information." I think it is clear from my initial request that I am looking for more comprehensive data on the time that employees in the Boston Police Department worked in a given time frame. I used the data I could find as a model for what might exist. Your response is that that specific form of that data is not available. I accept that. But I also ask, as the Supervisor of Records stated is the law, that you and the Police Department explain and provide what records exist that are responsive to specific hours of regular and overtime in the requested time window (January 2019 through March 2021). Is this information only recorded on paper forms and not entered into any computer regularly? If so, those forms would be responsive to this request even if they are not stored as tabular data by the department.
Again, as the Supervisor of Records wrote, "it is unclear how the Department would not have records containing data more comprehensive than the annual totals listed in the Employee Earnings Report on the City of Boston website. The Department must clarify this." I do not find that this response clarifies how the department would have no records about regular and overtime hours and will appeal again if I do not get reasonable clarification or substantive records.
with thanks,
Dave Weimer
From: Boston Police Department
Hello,
Unfortunately your email was not recognized and has not been routed accordingly. Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: "City of Boston"[CityofBoston@govqa.us]
CC: [rebecca.murray@sec.state.ma.us]
May 11, 2022
This is a follow up to request number SPR22-0895:
Re: B000427-031721, SPR21-0934, SPR21-3027, SPR22-0895
Dear Attorney Williams,
Thank you for the clarification dated 10 May 2022. I understand that the Boston Police Department does not have the specific record that I referred to as a model in the initial request. However, I still do not understand how the department could not have any records responsive to this request. As the Supervisor of Records wrote in the most recent appeal, "in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information." I think it is clear from my initial request that I am looking for more comprehensive data on the time that employees in the Boston Police Department worked in a given time frame. I used the data I could find as a model for what might exist. Your response is that that specific form of that data is not available. I accept that. But I also ask, as the Supervisor of Records stated is the law, that you and the Police Department explain and provide what records exist that are responsive to specific hours of regular and overtime in the requested time window (January 2019 through March 2021). Is this information only recorded on paper forms and not entered into any computer regularly? If so, those forms would be responsive to this request even if they are not stored as tabular data by the department.
Again, as the Supervisor of Records wrote, "it is unclear how the Department would not have records containing data more comprehensive than the annual totals listed in the Employee Earnings Report on the City of Boston website. The Department must clarify this." I do not find that this response clarifies how the department would have no records about regular and overtime hours and will appeal again if I do not get reasonable clarification or substantive records.
with thanks,
Dave Weimer
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PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On May 10, 2022:
Subject: Police Records Request :: B000427-031721
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: Boston Police Department
--- Please respond above this line ---
05/12/2022 RE: PUBLIC RECORDS REQUEST of March 17, 2021, Reference # B000427-031721 Dear David Weimer: 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:
One or multiple spreadsheets containing the Time and Labor Reports and Overtime Reports for all Boston Police Department employees from January 2019 through the present. Please note: this data is more comprehensive and is not covered by the Employee Earnings Report already available online because that data is the annual summary of earnings and not hours worked and reported.
The data I'm seeking is similar to requests that have been made in the past. See the following link for an example:
https://www.muckrock.com/foi/boston-3/boston-police-department-timesheets-28532/#files
The Time and Labor Report should include at least the following fields, but I am also requesting any additional fields the department regularly uses:
ID, Name, Rpt Dt, TRC, TRC Desc, Hours, Earn Code, Earn Code Descr
(if start and end hours are available for this report, I would also like those)
The Overtime Report should include the following fields, but I am requesting any additional fields the department regularly uses:
ID, NAME, RANK, ASSIGNED_DESC, CHARGED_DESC, OTDATE, DESCRIPTIONS, OTCODE, DESCRIPTION, STARTTIME, ENDTIME, WRKDHRS, OTHOURS, OTCOST
Sincerely,
David Weimer
[SPR21/0934] [SPR21/3027] [SPR22/0895] As I stated in my May 10, 2022 letter there are no records responsive to this request. In that letter I stated: The Boston Police Department has confirmed that it has no responsive records. The records previously provided were created for a particular meeting and then provided to you. This is not an instance of merely pulling data from an existing database, as the records were specifically created for a particular purpose at that time. There are no linked databases from which such data may be pulled. The previous record was compiled from several sources and did not consist of one database extract. In your correspondence today you reference the record custodian's superior knowledge in responding to a public records request. The Boston Police Department did explain to you in its March 19, 2021 that it has no records. This has now been confirmed. The records provided previously had been created for a particular purpose and did exist. There is now no record that exists. There are no records responsive to this request. I have copied Supervisor of Records Rebecca Murray in this communication. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsj8PZ-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxNhv2shqDtLce4A4u5MVNRc-3DYpG8_oCobIyGzc96AkT-2Bxj6ElQsVoa4MaR4adgc0Je-2F6H-2BWkRNQBZGAO0EmQMiFF55ApkkSH1WrE41Tt0q4A-2F9oVwH8MUZtrZ5mDHiaCghHgUwyExhy0MrogARjFFbmpgPJwdoaXekXxXXLqVmN3iLoTmdDENGwFRl7qM9SXkej0aD1hVBrevDfFosFRvINeKChxvf0Xrn6P1WfDN-2BntUg03piADhfuWPGCumtU-2FTsbaUnXcWWqlik0u3POv1UvdJsvmgv9CUU1PT-2B-2F7gOgDEN52rY2JZMtj4m4nppxbUY-2B5bGFEJmlD6TJSmYNNFP0lVlBFCs7-2B-2BbxQeV2HEIpFvcifhk4U7sIAtRc5gX-2BhjMCOok3paIly-2FhTyaGBtTzQPpywT1iZY-2BtXT5wca-2B1ihfT-2FFztQ-3D-3D)