Training materials relating to 28 CFR Part 23 (Boston Regional Intelligence Center (BRIC))
| Tracking # |
B000844-032123 |
| Multi Request | Training materials relating to 28 CFR Part 23 |
| Submitted | March 17, 2023 |
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Communications
From: Alex Marthews
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
From: Boston Regional Intelligence Center (BRIC)
Dear Muckrock News
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 3/21/2023 11:13:26 AM and given the reference number B000844-032123 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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.
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=21889 (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HS4L-2FIgBDSrHGana-2FLpLlsjgEH-2BMm7DPdY3-2Bl9Nl4WumbCbgX7HeL3wE7Jso82hTYrIaS0cil8lWFyLo6S2GzC0-3Do2k2_560JhuSQl31H0niC41v8cY-2BS8heuYSvFl5mo13GluQVa6KmrY-2BkFuk3zQF3JT0Ih1dwuDqUMW00bysza9NK6YN4S9GSIe0igLKxKQGRucmdZTIKo5ow5FELp0SEIRFMNFjA9M7Dm0znDdxQUCgV455J3ixrIThKhQJNh-2FxlKzz68M6FzME8j6dAXpKTVmoS9BJBYElI3lNZrnz-2FQPIHBSUkgJatOqFaB8rYJzVyOFOXSsnRRXkgP86l-2BskOEJWmG3oxgmiwTd3qxUW91LNjyrpxpvUojRWh39ZzOHhjdFgTLSNVO3fjhU0leDGZnUdK1v1-2FV8L4x-2B5HgKJbyJculu-2FKRY9D87ggWZPO8DH96OSNdHThcTUYRzOay9vzWTnPxlL7ZBQMRxp3KcT1eUp4UjA-3D-3D)
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
04/04/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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. I see that a response to your March 21, 2023 request is due today. I have checked the status of your request and it appears to be in the final stages of fulfillment. I will provide an update to you once additional information is provided to me by the department. Very truly yours, Bianca V. Crockett, Esq. Assistant Corporation Counsel City of Boston One City Hall Square Boston, MA 02201 Bianca.crockett@boston.gov (mailto:Bianca.crockett@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-2B8QPjL1HPo2g1qgKLwXvbvIcqX6KFSHItv6e7TxMg-2BXPZIl3u6sFQdByPC9TVD1p-2BgZfYhuvxBnQnqTGsRdntC_560JhuSQl31H0niC41v8cY-2BS8heuYSvFl5mo13GluQVa6KmrY-2BkFuk3zQF3JT0Ih1dwuDqUMW00bysza9NK6YIwPqEPJTpG8xA9DQdzIn3TprQwOqaVVE8p13yqMYZzhYmXd9KRr9pSsuWDfLmJBV7P8l5UBmNsQ1A97-2FtDRCZwWiUJKksHkygFBgad3mwlooJ2hVYOVQIb1lo0GqGc4n7GmkwFXLtUzNM-2BYoodKYImxiPFx7gHKBruYj32PgPA4bkc4NCEknisyy-2BvVm-2BJCLXAXRbMf9zaKclNOtX6AJoAJprogk0ogHdlwItWDX88g4F-2FLsGshRynNF1D3LueSZvHnQVPq0rY92q9pX4J5C27z9BPrPhNao4hRzd7QiicZzc8XeN0UtM2-2FBSpm8rXaRg-3D-3D)
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
04/13/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023., Reference # B000844-032123 Dear Muckrock: 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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. The responsive records relate to BRIC personnel annual training on 28 CFR Part 23. In addition, BRIC personnel receive annual training from the attorney assigned to the BRIC, which includes discussion on 28 CFR Part 23.
"The responsive records relate to BRIC personnel annual training on 28 CFR Part 23. In addition, BRIC personnel receive annual training from the attorney assigned to the BRIC, which includes discussion on 28 CFR Part 23. On or around November 16, 2022, BRIC attorney, Teresa Anderson, authored and created a powerpoint presentation for this training.
These materials are withheld in full and exempt from production under the attorney-client privilege. See e.g., Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 450 n.9 (2007) (confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance are protected under the normal rules of the attorney-client privilege). These materials were were created by the attorney assigned to the BRIC, presented to BRIC personnel, and for the purpose of providing legal advice. See G.L. ch. 66, § 10A(a). The client is the BRIC and the privilege has not been waived.
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).
Very truly yours,
Shawn A. Williams, Esq.
Director of Public Records
Records Access Officer"
From: Alex Marthews
Hi,
You stated on 4/13/2023 that, "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)." I construe this to mean that you believe that the records in question either do not exist, or are not in the custody of the City. The records exist, and are in the custody of the City. Specifically, the City's fusion center, namely the Boston Regional Intelligence Center, run out of Boston PD, has disclosed in prior public records requests that they conduct this training annually.
Please obtain these records from BRIC and disclose them in response to this request.
Best wishes
Alex.
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
05/05/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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. Boston Police informed me that a sentence was inadvertently omitted from the response dated April 13: All BRIC personnel complete annual training on 28 CFR Part 23, available at: https://28cfr.ncirc.gov/
Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
06/20/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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.
[SPR23/1193] An additional response was provided to you on May 5, 2023. Another copy is attached. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
07/07/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123 Dear Muckrock News: 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:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
[SPR23/1193] Thank you for your June 22 and July 7, 2023 communications seeking an update on the City's response to the Supervisor's determination regarding your administrative appeal. Per the findings of the Supervisor the City must provide the information required in a privilege log to support its attorney-client privilege claim. Further, the City must confirm whether any other records exist. See SPR23/1193 Determination of the Supervisor of records (June 16, 2023). I contacted the Boston Police to obtain this additional information and I will provide an update as soon as one is available. Please note I changed the status of this request to open and under SPR Appeal. If you have further questions please reply to this communication and be sure to use the reference number provided above. Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
07/11/2023 RE: PUBLIC RECORDS REQUEST of March 21, 2023., Reference # B000844-032123 Dear Muckrock: 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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.
[SPR23/1193] The Supervisor of Records found the City must provide additional information regarding the attorney-client privilege. Further, the Supervisor found the City must explain whether any other records exist. I contacted the Boston Police BRIC for additional information regarding this request. All BRIC personnel complete annual training on 28 CFR Part 23, available at: https://28cfr.ncirc.gov/. These materials are proprietary and authored and maintained by the Bureau of Justice Assistance (BJA). BJA limits access to their training materials to law enforcement agencies. The materials are not otherwise in the Department’s care, custody, or control.
All BRIC personnel attend annual in house training regarding Privacy, Civil Rights, and Civil Liberties. These training materials include a PowerPoint presentation authored by BRIC Attorney Teresa Anderson for the purpose of providing legal advice to BRIC personnel. One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request. The single slide of the presentation regarding 28 CFR Part 23 that is responsive to this request is withheld and protected by the attorney-client privilege.
Date of record: Created on or around November 16, 2022
Author and recipients: BRIC Attorney Teresa Anderson for personnel assigned to the BRIC
General description of contents: PowerPoint presentation for annual training provided to BRIC personnel entitled “Privacy, Civil Rights, and Civil Liberties.” One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request.
Reason for withholding: These materials are withheld in full and exempt from production under the attorney-client privilege. See e.g., Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 450 n.9 (2007) (confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance are protected under the normal rules of the attorney-client privilege). These materials were were created by the attorney assigned to the BRIC, presented to BRIC personnel, and for the purpose of providing legal advice. See G.L. c. 66, § 10A(a).
There are no other documents. 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). Very truly yours, Shawn A. Williams, Esq. Director of Public Records Records Access Officer
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
06/17/2024 RE: PUBLIC RECORDS REQUEST of March 21, 2023., Reference # B000844-032123 Dear Muckrock News: 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:
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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.
[SPR24/1704] I have alerted representatives from the department regarding this matter in an effort to resolve any outstanding issues regarding your 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. Truly, Bianca V. Crockett, Esq. Assistant Corporation Counsel City of Boston One City Hall Square Boston, MA 02201 Bianca.crockett@boston.gov
From: Alex Marthews
Dear Atty. Crockett,
On June 21, 2024, Supervisor of Records Manza Arthur resolved a second appeal of this public records request in my favor, stating:
"I find that the City has not satisfied the three-part test set out in the Suffolk case. See Suffolk, 449 Mass. at 460. Specifically, the City must clarify that the communications were made in confidence.
Additionally, the City is advised that G. L. c. 66, § 10A(a) requires that a records custodian provide a privilege log in accordance with the Public Records Law. The log must include the date, the names of the author and recipients, the substance of the record, and the grounds upon which the attorney-client privilege is being claimed. Although the City provided the name of an individual, it is uncertain who the author and recipients are in the privilege log as provided. As such, the City must provide the names of the author and recipients of the communications in accordance with G. L. c. 66, § 10A(a)."
It is now well over one month later. I have not received any privilege log from the City that shows the author of the record, the recipients of the record, the substance of the record, and the grounds upon which attorney-client privilege is being claimed. If there is nothing to show from the time that the presentation was made that the presentation was in fact made in confidence, if there is no contemporaneously updated privilege log that shows that the City was conscious at the time that the presentation in question was attorney-client privileged, or if the delay is in fact because you are trying to find some way of retroactively privileging unprivileged material, then I strongly recommend that you release the slide in question to me. Remember, the burden lies with you, having already lost two appeals, to either show affirmatively that your claim of attorney-client privilege is valid, or to release the slide.
I await your prompt response.
Sincerely,
Alex Marthews.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on March 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #B000844-032123.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on March 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #B000844-032123.
Thanks for your help, and let me know if further clarification is needed.
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
01/24/2025
RE: PUBLIC RECORDS REQUEST of March 23, 2023, Reference# B000844-032123; SPR24/1704
Dear Muckrock, This letter is the response of the Boston Police Department ("Department") to your appeal to the Supervisor of Public Records, SPR24/1704. 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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.
[SPR24/1704] In its July 11th response, the City withheld the responsive record claiming attorney-client privilege. The Supervisor found that the City did not satisfy the three-part test established in the Suffolk case and that the City must clarify that the communications were made in confidence. See Suffolk, 449 Mass. at 460. ; SPR24/1704 Determination June 21, 2024. The supervisor also found that a records custodian must provide a privilege log which includes the date, the names of the author and recipients, the substance of the record and the grounds upon which the attorney-client privilege is being claimed.
All BRIC personnel attend annual in house training regarding Privacy, Civil Rights, and Civil Liberties. These training materials include a PowerPoint presentation authored by BRIC Attorney Teresa Anderson for the purpose of providing legal advice to BRIC personnel. One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request. The single slide of the presentation regarding 28 CFR Part 23 that is responsive to this request is withheld and protected by the attorney-client privilege.
Date of record: Created on or around November 16, 2022 Author and recipients: BRIC Attorney Teresa Anderson for personnel assigned to the BRIC General description of contents: PowerPoint presentation for annual training provided to BRIC personnel entitled “Privacy, Civil Rights, and Civil Liberties.” One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request. Reason for withholding: These materials are withheld in full and exempt from production under the attorney-client privilege. See e.g., Suffolk Constr. Co. v. Div. of Capital Asset Mgmt ., 449 Mass. 444, 450 n.9 (2007) (confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance are protected under the normal rules of the attorney-client privilege). These materials were created by the attorney assigned to the BRIC, presented to BRIC personnel, and for the purpose of providing legal advice in confidence. See G.L. c. 66, § 10A(a).
You may appeal the substantive nature of this response within ninety (90) days. See 950 C.M. R. 32.08(1). Sincerely, Christine O’Donnell Assistant Corporation Counsel Office of the Legal Advisor Boston Police Department
From: Alex Marthews
With this email, we appeal the response of the City of Boston to this public records request.
In their response, the City of Boston has added two elements to its prior response. First, it has clearly stated that it believes the attorney-client privilege to apply to the record in question because the training provided by its attorney to Boston PD officers was done "in confidence." Second, to satisfy the requirement to provide a "privilege log", it states "the names of the author and recipients, the date, the substance of such record, and the grounds upon which the attorney-client privilege is being claimed.”
The attorney-client privilege properly and unambiguously applies in circumstances where a client (here, Boston PD), has sought legal advice from its in-house counsel, in relation to a particular case. However, that is not the case here. The training provided on 28 CFR Part 23 was required annually by federal regulation, not in response to any request by a client. The training did not relate to any particular case, so the training cannot of itself improperly disclose to a third party the legal strategy being pursued by Boston PD in relation to any particular case. The slide at issue, instead, presumably contains an interpretation by in-house counsel of how 28 CFR Part 23 applies to the practices of Boston PD in relation to the holding of records in its criminal intelligence systems and whether they are based, as 28 CFR Part 23 requires, on "reasonable suspicion" of individuals' involvement in a crime. As such, if disclosed under the public records law, it would disclose the policy of Boston PD in light of 28 CFR Part 23, rather than an attorney-client communication with an expectation of confidentiality. The training in question was therefore, within the meaning of The Judge Rotenberg Educational Center Inc. vs. Commissioner of the Department of Mental Retardation (424 Mass. 430, 1997), a "general policy meeting" not properly covered by attorney-client privilege. Without a connection to any specific case, there is no reason to suppose that the prospect of public disclosure of the contents of this slide, would have impaired the ability of in-house counsel to provide honest advice. What the prospect of public disclosure might inhibit is the ability of in-house counsel to provide advice contrary to the letter or the spirit of the federal regulation in question. Disclosure here would therefore serve an important public interest.
If the approach of Boston PD were correct here, then any police training session where in-house counsel played a role in training police officers, would be subject to attorney-client privilege. We acknowledge that this may appropriately be the case for purely private corporations. But the public interest is stronger in knowing how police understand the law. It is very important for the public to know how police interpret their responsibility to protect "privacy, civil rights and civil liberties", which was the substance of the training provided here by in-house counsel. What training police have received on the law is often key to police misconduct lawsuits, which often turn on what training police have or have not received, and therefore whether the officer acted according to or in contravention of the training they have received. If the public cannot determine what training police have or have not received, then the public cannot determine whether the police subsequently are conducting themselves lawfully. THis provides additional support for why disclosure would serve the public interest.
The importance of a "privilege log" is, in part, that agencies cannot declare long after the fact that a given document was in fact covered by attorney-client privilege. A "log" is a systematic, contemporaneously updated, chronological list. In Worcester Tel. & Gazette Corp. v. Chief of Police of Worcester, 436 Mass. 378, 384 (2002), the Court emphasizes that a log must be "itemized and indexed." Here, the City of Boston has not provided an "itemized and indexed" log, or anything to show that at the time the presentation was given, they considered the information in question to be covered by attorney-client privilege. Their response here is consistent with their only having decided that the record was covered by such privilege after we asked for it. If the Secretary of State's office allows them to designate records as being covered by attorney-client privilege after the fact, and does not require them to show that they in fact designated it at the time as being covered by attorney-client privilege, then the "privilege log" requirement is effectively rendered null and void. A generalized statement, two years after the fact, that the training meeting was "in confidence", should not immunize the City of Boston against the general presumption of disclosure.
Best wishes
Alex.
From: Boston Regional Intelligence Center (BRIC)
--- Please respond above this line ---
01/28/2025 RE: PUBLIC RECORDS REQUEST of March 21, 2023, Reference # B000844-032123; SPR25/0236
Dear Muckrock News: This letter is the response of the Boston Police Department ("Department") to your appeal to the Supervisor of Public Records, SPR25/0236. 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:
A copy of any materials, including presentations, brochures, emails, images or other information, used in training fusion center employees on 28 CFR Part 23.20 ("CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES --- Operating principles"). DHS monitors whether fusion center employees receive training in these materials, and how often. A previous public records request (PRR B000036-010821) disclosed that such trainings have in fact occurred at the Boston Regional Intelligence Center.
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,
Alex Marthews
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143005
263 Huntington Ave
Boston, MA 02115
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.
[SPR24/1704] This appeal is related to a previous appeal, SPR24/1704, where the Department provided clarification that the responsive record is subject to the attorney/client privilege and should be withheld in its entirety. The City stands by its previous responses and reiterates its position that the attorney-client privilege applies to the responsive record.
All BRIC personnel attend annual in house training regarding Privacy, Civil Rights, and Civil Liberties. These training materials include a PowerPoint presentation authored by BRIC Attorney Teresa Anderson for the purpose of providing legal advice to BRIC personnel. One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request. The single slide of the presentation regarding 28 CFR Part 23 that is responsive to this request is withheld and protected by the attorney-client privilege.
Date of record: Created on or around November 16, 2022 Author and recipients: BRIC Attorney Teresa Anderson for personnel assigned to the BRIC General description of contents: PowerPoint presentation for annual training provided to BRIC personnel entitled “Privacy, Civil Rights, and Civil Liberties.” One slide of the presentation is regarding 28 CFR Part 23; the balance of the presentation is not responsive to the request. Reason for withholding: These materials are withheld in full and exempt from production under the attorney-client privilege. See e.g., Suffolk Constr. Co. v. Div. of Capital Asset Mgmt ., 449 Mass. 444, 450 n.9 (2007) (confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance are protected under the normal rules of the attorney-client privilege). These materials were created by the attorney assigned to the BRIC, presented to BRIC personnel, and for the purpose of providing legal advice in confidence. See G.L. c. 66, § 10A(a).
The record you seek consists of attorney-client privileged communications. Suffolk Const. Co., Inc. v. Division of Capital Asset Management , 449 Mass. 444 (2007). This record shall be withheld entirely. A records custodian must satisfy a three-part test in establishing the attorney-client privilege. See Suffolk Constr. Co. v. Div. of Capital Asset Mgmt. , 449 Mass. 444 (2007); see also SPR18/423 Determination of the Supervisor of Records (April 11, 2018). The Suffolk Court’s holding imposes a burden on a records custodian of “not only proving the existence of an attorney-client relationship, but also (1) that the communications were received from a client during the course of the client’s search for legal advice from the attorney in his capacity as such; (2) that the communications were made in confidence; and (3) that the privilege as to these communications has not been waived.” See SPR18/423 (April 11, 2018), p2.
The withheld record consists solely of communications between City employees, in this case BRIC personnel, and their attorney. The record contains information between an attorney and client related to “the client’s search for legal advice from the attorney in his capacity as such.” All of these communications “were made in confidence.” In all cases “the privilege as to these communications has not been waived.” The Client is the Department.
You may appeal the substantive nature of this response within ninety (90) days. See 950 C.M. R. 32.08(1). Sincerely, Christine O’Donnell Assistant Corporation Counsel Office of the Legal Advisor Boston Police Department
To monitor the progress or update this request please log into the Public Records Center. (https://u8387778.ct.sendgrid.net/ls/click?upn=u001.VEsWrlMiJDg0mXafq1mEXTIDeIcW7QPGcxbg2r6mBl4IQAtcuUR-2B6-2B48u6MWdi-2FuNfsoFtzUO-2FiE2Z5NHdOxRxIlNfNO-2FXMhs91LkWvy8izJyEvpBZQeI4ofxl1vodeNE6_C_zpeYSOkpox5hjL74IvuHnpI0gtkTh39-2B1-2FB84Idp9qKx56lVW572q5d-2BI76lsp0e1rFeIF2s0F-2FKzfz7RITNV-2Fxt4XJSTH-2FCuOy5s4ckqpmexhHjJ-2BxTar2vCMCbwPThXsCXzWNJHDaP7PsYKKibN46StShrgD1HQZsltgbC93Nc-2Fm592Z44nxYbIIaX75sGRRXQPn5QNK7EjbbZSmg9S8Ae7hKSmA0nsSm7JL8TwlqoDp3gqKu3ogvjNFUhSijGfhtrFaWsy4XilxoFWE5RNWKtbRxaDphU6-2BJn-2Fb-2F3eP9ct6K9UFY3bEMPlnsfms31i9sAVL1nQTXO18SPsxHAVLKx0lo5hDIkpyghj1jAT1rUpgJPVsGo2DGMjEM-2BCsT5)