Conway Park
| Submitted | Oct. 30, 2018 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Chris Dwan
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
All documents related to the testing of soil and water for contaminants and chemical / environmental hazards in any park within Somerville, from 2014 to the present.
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,
Chris Dwan
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 Oct. 30, 2018. 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.
From: City of Somerville - Records Access Officer
Dear Mr. Dwan: I am writing in response to your public records request dated October 30, 2018 for “All documents related to the testing of soil and water for contaminants and chemical / environmental hazards in any park within Somerville, from 2014 to the present.” On behalf of the record custodian(s), it is my understanding your request seeks any records of testing results within the above parameters, and I am writing to inform you as follows:
The responsive records are provided to you as follows.
1. Test result records at Conway Park’s playground are online here: https://www.somervillema.gov/sites/default/files/Memorandum%20re%20playground%20100318%20combined.pdf and https://eeaonline.eea.state.ma.us/portal#!/search/wastesite/results?RTN=3-0034868; and
2. Test result record in connection with Lincoln Park is attached.
You may also find reports currently in the public domain listed on the MassDEP reportable release database; the list for Somerville is online here: https://eeaonline.eea.state.ma.us/portal#!/search/wastesite/results?TownName=SOMERVILLE<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Feeaonline.eea.state.ma.us%2Fportal%23!%2Fsearch%2Fwastesite%2Fresults%3FTownName%3DSOMERVILLE&data=02%7C01%7Cnaslasg%40wseinc.com%7Cf6bef0aa98ab4cb6388d08d643f9fe1d%7C1a0770bc47964537b9da66030b9bd1a4%7C0%7C0%7C636771138337394624&sdata=tKYrLMMu%2FxYMChvLZUaZpo5%2BbnzaYvxYb9EUZLGiDog%3D&reserved=0>
The city has identified as responsive the preliminary test results for the ballfield section of Conway Park, which is withheld on the basis of exemption (d) of the Massachusetts public records law. MGL c. 4, s. 7(d). This exemption applies to “inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency; but this subclause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based”. This record, maintained by the city’s vendor, contains preliminary test results and related recommendations that are under development, and the test results are not yet factually complete as they are pending further laboratory analysis, therefore they are withheld at this time. However, the city anticipates this record will be available for release by early December 2018, and the city will supplement its response to your request to inform you of the availability of this record.
No fee has been assessed to respond to your request. If you wish to modify your request, please feel free to contact me. To the extent provided by law, you have the right to seek an administrative appeal to the Supervisor of Public Records under 950 CMR 32.08(1) and the right to seek judicial review by commencing a civil action in the superior court.
Respectfully,
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov<mailto:jgrossfield@somervillema.gov>
This message and any attached documents contain information which may be confidential, subject to privilege or exempt from disclosure under applicable law. However, when responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential. These materials are intended only for the use of the intended recipient. If you are not the intended recipient of this transmission, you are hereby notified that any distribution, disclosure, printing, copying, storage, modification or the taking of any action in reliance upon this transmission is strictly prohibited. Delivery of this message to any person other than the intended recipient shall not compromise or waive such confidentiality, privilege or exemption from disclosure as to this communication. If you have received this communication in error, please immediately notify the sender and delete the message from your system. Thank you.
From: Chris Dwan
Thank you very much for this information.
To be sure I understand correctly, the only two parks within the city where soil tests were performed between 2014 and the present were Lincoln Park in 2016 and Conway Park in 2018.
Thanks.
-Chris Dwan
From: City of Somerville - Records Access Officer
Dear Mr. Dwan: In response to your question, I am informed that this is correct as to city testing.
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov<mailto:jgrossfield@somervillema.gov>
This message and any attached documents contain information which may be confidential, subject to privilege or exempt from disclosure under applicable law. However, when responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential. These materials are intended only for the use of the intended recipient. If you are not the intended recipient of this transmission, you are hereby notified that any distribution, disclosure, printing, copying, storage, modification or the taking of any action in reliance upon this transmission is strictly prohibited. Delivery of this message to any person other than the intended recipient shall not compromise or waive such confidentiality, privilege or exemption from disclosure as to this communication. If you have received this communication in error, please immediately notify the sender and delete the message from your system. Thank you.
From: Chris Dwan
I am appealing the refusal to release the preliminary test results.
I understand that there are ongoing policy and planning discussions around the park as a whole, but the preliminary test results match the exclusion in the clause you quoted:
"this subclause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based."
Thank you for your consideration.
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 Oct. 30, 2018. 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.
From: Chris Dwan
Mr. Grossfield,
I understand that there was a recent public presentation that included comprehensive information on the soil test results in Conway Park.
Given that this information was shared with the public at that meeting, would you please be so kind as to update your response to this FOIA request?
Thanks in advance.
-Chris Dwan
From: City of Somerville - Records Access Officer
Dear Mr. Dwan: I am writing in response to your e-mail below. The previously withheld record constituting a draft report of preliminary test results for the ballfield section of Conway Park continues to contain certain values that are pending further lab analysis, and we anticipate that record being finalized and available shortly.
A slide presentation and video of the December 5, 2018 meeting including discussion of certain test results is available online here: https://www.somervillema.gov/departments/conway-field-and-playground-contamination.
Respectfully,
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov<mailto:jgrossfield@somervillema.gov>
This message and any attached documents contain information which may be confidential, subject to privilege or exempt from disclosure under applicable law. However, when responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential. These materials are intended only for the use of the intended recipient. If you are not the intended recipient of this transmission, you are hereby notified that any distribution, disclosure, printing, copying, storage, modification or the taking of any action in reliance upon this transmission is strictly prohibited. Delivery of this message to any person other than the intended recipient shall not compromise or waive such confidentiality, privilege or exemption from disclosure as to this communication. If you have received this communication in error, please immediately notify the sender and delete the message from your system. Thank you.
From: Chris Dwan
Mr. Grossfield,
For the city to withhold lab reports that were delivered months ago, under the justification that they are somehow incomplete, is entirely inappropriate and indefensible.
My request is not for the city's analysis, interpretation, or messaging on this matter. My request is for documents that should be a matter of public record.
Please release what you have, immediately.
Thank you.
-Chris Dwan
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 Oct. 30, 2018. 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.
From: City of Somerville - Records Access Officer
Dear Mr. Dwan: As referenced below, the previously withheld record is now available online at the following link: https://www.somervillema.gov/departments/conway-field-and-playground-contamination under the “Documents and Results” tab.
Respectfully,
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov<mailto:jgrossfield@somervillema.gov>
This message and any attached documents contain information which may be confidential, subject to privilege or exempt from disclosure under applicable law. However, when responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential. These materials are intended only for the use of the intended recipient. If you are not the intended recipient of this transmission, you are hereby notified that any distribution, disclosure, printing, copying, storage, modification or the taking of any action in reliance upon this transmission is strictly prohibited. Delivery of this message to any person other than the intended recipient shall not compromise or waive such confidentiality, privilege or exemption from disclosure as to this communication. If you have received this communication in error, please immediately notify the sender and delete the message from your system. Thank you.
Files
pages