Public Records Request: 2023 UASI

e filed this request with the Executive Office of Public Safety and Security of Massachusetts.
Submitted Feb. 22, 2024
Status
Completed

From: e

Subject: Massachusetts Public Records Law Request: Public Records Request: 2023 UASI

Email

To Whom It May Concern:

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

A copy of all documents, including but not limited to, applications, agreements, and reporting documents for the distribution of the 2023 Urban Area Security Initiative grants.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

e

From: Executive Office of Public Safety and Security

Subject: RE: Massachusetts Public Records Law Request: Public Records Request: 2023 UASI

Email

Dear Public Records Requestor,

The Executive Office of Public Safety and Security (EOPSS) has received your request for the following:

A copy of all documents, including but not limited to, applications, agreements, and reporting documents for the distribution of the 2023 Urban Area Security Initiative grants.

Enclosed please find records responsive to your request. Please note that redactions have been made pursuant to M.G.L. c. 4, §7, cl. 26 (n) which exempts from disclosure records “including but not limited to blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety.” A recent Supreme Judicial Court decision, People for the Ethical Treatment of Animals, Inc. (PETA) vs. Department of Agricultural Resources, 477 Mass. 280 (2017), addressed this exemption. In this decision, the Court laid out a two-prong analysis to determine if a record was properly withheld under this exemption. The first prong of analysis considers, “whether, and to what degree, the record sought resembles the records listed as examples in the statute” and the second prong of analysis requires “…the factual and contextual support for the proposition that disclosure of the record is "likely to jeopardize public safety." PETA, 477 Mass. at 290. Here, EOPSS redacted information relating to the security measures, emergency preparedness, and threat or vulnerability assessments of the Boston metro area. Additionally, EOPSS asserts that failure to redact this information is likely to jeopardize public safety as it contains operationally critical details on equipment and particular vulnerabilities across the Boston metro area. Thus, these redactions are consistent with the legislative intent behind exemption (n).

If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A.

Thank you,
Adrian Hatch

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Adrian Hatch
Paralegal
(781) 227-1771
Executive Office of Public Safety and Security
1 Ashburton Pl, Suite 2133
Boston, MA 02108
Executive Office of Public Safety and Security | Mass.gov<https://www.mass.gov/orgs/executive-office-of-public-safety-and-security>