Massachusetts Cannabis Eradication Documents, 2016 (Massachusetts State Police)

Beryl Lipton filed this request with the Massachusetts State Police of Massachusetts.
Submitted Oct. 17, 2016
Status
Completed
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From: Beryl Lipton

Subject: Public Records Law Request: Massachusetts Cannabis Eradication Documents, 2016 (Massachusetts State Police)

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To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Any and all contracts (including all associated amendments and exhibits), memorandums of understanding, and any other agreements, as well as all grant applications and approvals, regarding this agency's involvement in Massachusetts cannabis eradication programs during the year 2016, as well as all plans, procedures, and incident reports created as part of operations under such programs conducted from January 1, 2016 through the date this request is processed.

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 calendar days, as the statute requires.

Sincerely,

Beryl Lipton

From: Migliaccio, Jenniffer (POL)

Subject: FW: Public Records Law Request: Massachusetts Cannabis Eradication Documents, 2016 (Massachusetts State Police)

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Good Afternoon,

The Department has received your request for records seeking “any and all contracts, memorandums of understanding (“MOU”), and any other agreements, as well as all grant applications and approvals, regarding this agency’s involvement in Massachusetts cannabis eradication program during the year 2016, as well as all plans, procedures, and incident reports created as part of operations under such programs conducted from January 1, 2016 through [the present].”
In response to your request for contracts, MOUs, and grant applications, please see the following attached responsive documents:

* MOU with the National Guard
* MOU with the Department of Justice with Funding information
Please note that account numbers and tax ID information has been redacted from these records for privacy and security reasons.
In response to your request for plans and procedures, please see the attached Standard of Operating Procedures as well as the Operational Proposal for 2016. As you will see, personal cell phone numbers of uniformed members have been redacted pursuant to G. L. c. 4, §7, cl. 26 (o). Please note that members of the Narcotics section undergo training with the MA National Guard Counter Drug Program prior to participating in this program, and all training is put on by that agency.
In response to your request for all incident reports created as part of the operations of such program from January 2016. Please note that incident reports are not generated for every seizure. Incident reports are only generated if criminal charges are being sought by the State Police. Additionally, Local Departments have first right of refusal to handle an incident. The Department would not have reports if the Local Department elected to handle the case and pursued criminal charges. Incident reports are not tracked by subject matter, but by subject name. Therefore, the only way of knowing if a seizure resulted in an incident report being generated, would be to manually review each seizure to identify if charges were sought by the Department. However, the Department does have a spreadsheet from 2013 to the present which does breakdown every seizure by date, city/town and number of plants seized. Please see the attached spreadsheet.
If you object to the Department’s response to your request or any portion of the same, you may appeal the Department’s response in accordance with Massachusetts General Laws, Chapter 66, §10(b) and 950 CMR 32.00.

Jenniffer P. Migliaccio (O’Neil), Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348