Braintree Police Internal Affairs (Braintree Police Department)
| Tracking # |
SPR20/2621 SPR21-1726 SPR20/2621 2020-1216 |
| Multi Request | Braintree Police Internal Affairs |
| Submitted | Aug. 8, 2020 |
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Communications
From: Records Requester
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
I request the Braintree Police Department produce any and all records relating to internal affairs complaints against Braintree Police Department officers between January 1, 2010 - August 8, 2020, this information shall including but not limited to the following:
1. Police Officer's Full Legal Name (including Given/First Name and Last/Surname);
2. Rank;
3. Badge Number;
4. Date of IAD complaint;
5. IAD Complaint # (sometimes referred to as the Complaint Control Form #);
6. IAD Case # (this is the number assigned to the IAD investigation file);
7. Nature of Charges against the Officer;
8. Results of the IAD investigation; and
9. IAD Complaint Disposition Date.
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,
Records Requester
From:
Town of Braintree, MA
Public Record Request Number:2020-1216
Requester: MUCKROCK NEWS DEPT MR100109
Request Date: Tuesday, August 11, 2020 9:08:00 AM
Response Due Date: Tuesday, August 25, 2020
Dear MUCKROCK NEWS DEPT MR100109 :
We have received your public Records request for Town of Braintree. This record is being assigned to appropriate department. The department reviewer will review the request and create an effort estimate to create the response. Per state mandate, for Town of Braintree, if the effort estimate is more than 2 hours, we will create a proposed cost estimate and will email such estimate to your attention. Once you approve the amount and send the payment, we will start working on your request.
In case the estimate is less than 2 hours, we will proceed to work on the response and will send you the response once the work is completed. Please also note that state mandate allows us to complete and send the response within 10 business days. We will do our due diligence towards this effort. However, the due date may be extended for any of the following reasons:
1. Any clarification that is required from you towards this request will stop the clock. The clock will be resumed once the proper clarification is received.
2. Payment of estimated effort – The time it takes to receive the due amount will be added to the original due date.
3. If in the opinion of the reviewer it is determined that original due date cannot be met despite reasonable effort, the due date shall be extended based on reviewer’s judgment. You will be promptly notified in such case with revised due date.
Thank you.
Kevin Ware, RAOPublic Safety - Police Department
Town of Braintree
1 John F. Kennedy Memorial Drive
Braintree, MA 02184
Tel: (781)-794-8638
Email: kware@braintreema.gov
From:
Town of Braintree, MA Public Record Request Number:2020-1216
Requester: MUCKROCK NEWS DEPT MR100109
Request Date: Tuesday, August 11, 2020 9:08:00 AM
Response Due Date: Thursday, September 17, 2020
Hello Requester :MUCKROCK NEWS DEPT MR100109
Your Response due date has been extended from 08/25/2020 to 09/17/2020
Thank you, Kevin Ware, RAOPublic Safety - Police Department
Town of Braintree
1 John F. Kennedy Memorial Drive
Braintree, MA 02184
Tel: (781)-794-8638
Email: kware@braintreema.gov
From:
From: Records Requester
I wish to again appeal this request (SPR20/1526). The record holder responded on 08/13/2020 that they were working on providing the records, however as of today 09/08/2020 the record holder has not provided the requested records.
Thank you.
From: Braintree Police Department
Good Morning,
Please advise if you are appealing the Town of Braintree - Police Department's response dated August 12th, 2020.
Additionally to further note, Appeal SPR20/1526 is currently open and the ten (10) business days with respect to the Public Records Law are not due until Monday, September 14th, 2020.
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: Braintree Police Department
Good morning,
In response to your inquiry, 20/1526 is currently open and being reviewed. The appeal was opened on 8/31. Did you have other concerns as well?
Thank you.
Patricia Rastellini, Office Manager
From: Records Requester
I am just waiting for the records to be provided.
From: Braintree Police Department
Thank you.
From:
From:
From: Records Requester
I wish to appeal this cost estimate. The original request was submitted to the record holder on August 10, 2020. The record holder was never sought an extension pursuant to G.L. ch. 66, s. 10(b).
From: Braintree Police Department
The request has been forwarded from one agency to another agency or department for further review or follow up.
From: Records Requester
I wish to appeal this cost estimate. The original request was submitted to the record holder on August 10, 2020. The record holder was never sought an extension pursuant to G.L. ch. 66, s. 10(b).
From: Braintree Police Department
Good Afternoon,
Please provide a copy of the Department's response/fee estimate provided in relation to the original request filed. Thank you.
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: Braintree Police Department
Hello,
Would you mind sending a copy of the Braintree Police Department's response to your request?
Thanks,
Josh Stair
From: Records Requester
Mr. Stair,
Attached is a copy of the Braintree Police Departments response to my request.
Warmest Regards.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Aug. 8, 2020. You had previously indicated that it would be completed on Sept. 14, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-1216.
Thanks for your help, and let me know if further clarification is needed.
From: Records Requester
We are once again following up on the Braintree Police Department's refusal to comply with our records request of August 10, 2020. We have appealed this request multiple times and the record holder, the Braintree Police Department, has still not complied by producing the requested records. We, once again, wish to raise the issue as an appeal with the office of the Secretary of the Commonwealth. Thank you for helping keep our government transparent.
From:
From: Records Requester
We wish to re-appeal this response the record holder - Braintree Police Department has not provided the requested records. In response to our appeal of the improper fees estimated on September 14, 2020 ($3,625) the department has reasserted the estimate in its letter dated November 10, 2020. Further because the record holder never sought an extension pursuant to G.L. ch. 66, s. 10(b) no fee can be legally justified.
From: Records Requester
We are writing to follow up with our appeal in this matter.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Aug. 8, 2020. You had previously indicated that it would be completed on Sept. 14, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-1216.
Thanks for your help, and let me know if further clarification is needed.
From: Records Requester
Regarding: Braintree Police Department Public Requests Appeal SPR20-1702
We are writing to appeal the Braintree Police Department's most recent cost estimate send on December 23, 2020 of $3225.00. This cost estimate is only a slight fraction less than the previous estimate the department offered earlier this year.
(1) However the Braintree Police Department has again failed to supply any additional support for this cost estimate as was previously suggested by the Secretary of the Commonwealth office.
(2) The Braintree Police Department has not complied with the statutory time limits to provide these records, pursuant to Mass. General Law ch. 22, s.10 alternatively the Braintree Police Department has provided no information to establish that they have complied with the legal statutory time limits, therefore any fee are statutory impermissible.
(3) The estimated fee is exorbitant, and lacks supporting information, it contravenes by the spirt and the letter of the public records law.
Because both previous replies to this request were incorrectly sent to a different pending public records request (to the City of Dracut) I am attaching the misdirected correspondence into this request.
Regards,
Records Requester
From: Records Requester
Regarding: Braintree Police Department Public Requests Appeal SPR20-1702
We are writing to appeal the Braintree Police Department's most recent cost estimate send on December 23, 2020 of $3225.00. This cost estimate is only a slight fraction less than the previous estimate the department offered earlier this year.
(1) However the Braintree Police Department has again failed to supply any additional support for this cost estimate as was previously suggested by the Secretary of the Commonwealth office.
(2) The Braintree Police Department has not complied with the statutory time limits to provide these records, pursuant to Mass. General Law ch. 22, s.10 alternatively the Braintree Police Department has provided no information to establish that they have complied with the legal statutory time limits, therefore any fee are statutory impermissible.
(3) The estimated fee is exorbitant, and lacks supporting information, it contravenes by the spirt and the letter of the public records law.
Because both previous replies to this request were incorrectly sent to a different pending public records request (to the City of Dracut) I am attaching the misdirected correspondence into this request.
Regards,
Records Requester
From: Braintree Police Department
Dear Records Custodian,
Please be aware, 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 have any questions or wish to provide further information 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 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Thank you,
Lauren Foley
Staff Attorney
Public Records Division
Secretary of the Commonwealth
Lauren.Foley@sec.state.ma.us<mailto:Lauren.Foley@sec.state.ma.us>
From: Braintree 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 also 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>.
Kassandra Boylan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Braintree Police Department
Hello,
I am writing to provide you with the steps to further appeal any response subsequent to the determination letter issued for this matter. Once you receive a response you may further appeal it by sending an email to pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> with your appeal number, a copy of the response and what you take issue within the scope of the Public Records Law.
Please note that the custodian has until Monday, February 1st to provide you with a response, after which time, if you still have not received one, you may contact this office for further assistance in resolving this issue. Please be aware that this office has already preemptively reached out to the custodian regarding the status of the response and the availability of any responsive records for rolling production (to the extent this is applicable to your appeal) to help avoid a non-response to the determination letter.
Should you require no further assistance you may 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:
From: Braintree Police Department
Dear Records Custodian:
Please be aware, 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 have any questions or wish to provide further information 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 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Sincerely,
Lauren Foley
Staff Attorney
Public Records Division
Secretary of the Commonwealth
Lauren.Foley@sec.state.ma.us<mailto:Lauren.Foley@sec.state.ma.us>
From: Braintree 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 also 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>.
Kassandra Boylan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Dracut Town Clerk (MA)
Good Morning,
Attached is our response to the Secretary of State's March 8, 2021 determination.
Thank you for your time.
Deputy Chief Michael Want
Braintree Police Department
From: Braintree Police Department
Hello,
This office received a response to the attached determination letter for your appeal SPR21-0462 from the Town of Braintree on March 19th, 2021.
Should you need to further appeal the response you received for this matter all you need do is email the Division directly at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note your appeal number, what you take issue with within the scope of the Public Records Law, and that you'd like new appeal to assess that issue.
If you have already appealed the response 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: Braintree 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: Braintree Police Department
Mr. Gottfredsen: To let you know Theresa Lepore has not been with DCAMM for a number of years now. Your records should show that Christopher Guerin and Denise Coppola are now the DCAMM Public Record liaisons for your agency.
From: Braintree Police Department
Dear Mr. Patten,
We received a copy of your appeal from the Supervisor of Records (see below) and have reviewed the results of our forensic search of emails and have found no non-exempt responsive records from the month of July 2020. No additional records will be provided at this time as no non-exempt records for the subject time period exists. Please don't hesitate to contact me with any further questions or concerns.
Respectfully yours,
CHRISTOPHER GUERIN
Records Access Officer
Division of Capital Asset Management & Maintenance
PHONE 617-727-4050
DIRECT 857-204-1345
From: Braintree Police Department
Good morning,
Thank you for providing a copy of the response.
Regards,
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
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