Communications leading up to and on June 26 encampment sweep (Salem Public Works)

To Whom It May Concern:

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

From the dates of June 8, 2024 - June 27, 2024, all email, phone, text, fax, and any other applicable digital, written, or recorded communications, both within and in-between the Salem Police Department, Salem Department of Public Services, and the Salem Mayor's office, leading up to, that took place during, and took place after, the eventual dispersal and removal of the tent encampment commonly known as the 'South River encampment,' 'Wendy's encampment,' or 'Tent City' in Salem, Massachusetts on June 26, 2024. Including, but not necessarily limited to, all applicable communications surrounding the dispersal orders posted by the Salem Police Department at the same tent encampment on June 13, 2024 and June 21, 2024, as well as the decision by Captain John Burke to confirm in a story published by the Boston Globe on June 25, 2024 titled, "Salem homeless encampment coming to an end," that the plan was to sweep the tent encampment "around 10 or 11" on June 26, 2024.

In particular, the communication records of:

Salem Chief of Police Lucas J. Miller, Captain John Burke, and the Community Impact Unit of the Salem Police Department

Salem Mayor Dominick Pangallo, Chief of Staff Lisa Peterson, Constituent Services Director Julio Mota, and Neighborhood Stability Coordinator Lori Stewart of the Salem Mayoral Office

Director of DPS Raymond Jodoin, Principal Account Clerk Brooke Coleman, and General Foreperson Katherine Nieman of the Salem Department of Public Services

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,

Adam Nuñez

To Whom It May Concern:

It is now November 29, 2024, 10 business days since I received a response from Salem Public Works on November 14, 2024 concerning my request. In that response, the City said I'd be receiving a response and/or an estimation of fees within 10 business days of the November 14, 2024 response date. I wanted to check in on that request.

I understand your response could potentially include an estimation of fees. I would request that fees be waived as this request is in the public interest. I am a journalist that has reported about the ‘South River encampment’ in the past for local papers such as the Daily Item, and the information requested is intended to be used journalistically in a story surrounding the dispersal of the encampment and the community members affected. I do 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 will not be made for commercial usage.

Please let me know if more information is needed regarding my public records request originally made October 18, 2024. Thank you.

From,

Adam Nuñez

To Whom It May Concern:

I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Oct. 18, 2024. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

To Whom It May Concern:

I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Oct. 18, 2024. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

Dear Supervisor of Records,

On 10/18/24, I filed a public records request regarding particular communications surrounding a particular decision between the Salem Police Department, Salem Public Works, and Salem Mayor's Office.

On 11/14/24, I received an acknowledgment of this request from Salem Public Works. The acknowledgment claimed I would be receiving either a response to the request, and/or potential fees estimated in regards to the request within 10 business days of the 11/14/24 response date, making the expected date to receive a response to my public records request by 11/29/24.

After receiving this acknowledgment from Salem Public Works on 11/14/24, I sent a reminder to Salem Public Works on the morning of 11/29/24, the expected response date. After not receiving a response within the given time of 10 business days in violation of Massachusetts Public Records Law, I proceeded to send follow-ups on 12/02/24 and 12/04/24 in hopes of a satisfactory response.

To date, I have yet to receive any response from Salem Public Works regarding a response to my public records request that was due 11/29/24. I am appealing to receive a response to my public records request originally sent 10/18/24 to Salem Public Works.

Thank you for your assistance. All documents in support of my appeal have been publicly kept on MuckRock.com and are linked below. Please let me know if any more information is needed.

Link to documents: https://www.muckrock.com/foi/salem-ma-33667/communications-leading-up-to-and-on-june-26-encampment-sweep-salem-public-works-174690/

From,

Adam Nuñez

Dear Supervisor of Records,

It has been 10 business days since the opening of this appeal on 12/06/24. I have yet to receive any response from Salem Public Works to my public records request as of today, 12/19/24.

Please advise on next steps. Thank you for your time.

From,

Adam Nuñez

Dear Supervisor of Records,

Hello. I hope you had a nice holiday.

In regards to the closing of SPR24/3274 (attached as spr243274_spr243298.pdf):

With respect, I do not believe this appeal for this specific case should have been closed. In your response, at the beginning of page 2 you wrote it was your understanding that “the City provided a fee estimate to each of the October 18th requests on November 1, 2024.”

In my current understanding, on November 1, 2024, Mr. Wellock responded on behalf of SOLELY the Salem Police Department, giving a fee estimate of $350 and a due date of December 3, 2024.

I came to this understanding as on November 14, 2024, after the original fee estimation was made from the Salem Police Department, I received an email from Records Access Officer Joanne Roomey on behalf of Salem Public Works estimating 10 business days until I would receive “a response and/or supply an estimate of fees associated” with the request sent to to Salem Public Works. I have yet to receive a fee estimate for Salem Public Works and their piece of this request, nor was it ever specified the Salem Police Department fee estimation applied to all three bodies, if the case.

On top of this, after having originally appealed the Salem Mayor’s Office to receive a response to their piece of the request, they also gave an estimation of 30 days from their original receipt of the request on November 25, 2024, making their stated due date today, December 27, 2024 (although it is unclear if this was a mistake, as 30 business days from November 25 would make the actual due date January 10, 2025).

This leaves:

The Salem Police Department with a given fee estimation of $350.

Salem Public Works with an estimated date to give potential fees by November 29, 2024.

The Salem Mayor’s Office with an estimated date to give potential fees by December 27, 2024 (potentially January 10, 2025)

Considering I was given three separate dates to receive fee estimations, I reasonably assumed each body was responsible for sending their own fee estimations.

 Since Salem Public Works has yet to do so (the date this would have been due is, again November 29, 2024), I do not see grounds for the appeal SPR24/3274 to have been closed. I do believe this appeal should be reopened, as I still have yet to receive a fee estimate from Salem Public Works regarding my original request sent October 18, 2024. Thank you for your time.

From,

Adam Nuñez