Monday, April 17, 2023

An update on my FOIA requests

 On February 10th I asked FPD through email for a copy of the Body-cam proposal the Chief gave the Mayor. That same day I got back this from FPD: "It is in draft form and not available at this time"
On March 16th I again asked for a copy of the proposal and got this from FPD: "Same as before at this time".
Later that day I got this from FPD: The Chief said it is a draft document. If you would like put it in FOIA and we will act on it accordingly.
I filed a FOIA request (2023-0827) with FPD on March 16th for a copy of the Body-cam proposal Chief Baker gave to the mayor. City lawyers denied my request. At that time the lawyers claimed in the denial to me that the proposal was exempt under Exemption D. We conclude that under Mass.R.Civ.P.26 (b) (3) that it falls outside the definition of “public records”, where it is not a reasonably completed study or report it Is not reasonably completed. Where work product is exempted from disclosure under the public records act, it is protected from disclosure to the extent provided by Mass.R.Civ.P.26.
So, on April 2 I filed an appeal (SPR23-0620) with the State, public records division to the cocked eyed legal mumble jumbo the city lawyers tried to use to deny my request.
On April 14th I received a letter from Manza Arthur, supervisor of records with the State. The letter rejected the cities lawyers claim of exemption. The Public Records Division senior attorney and a department representative agreed to provide me with a copy of the body-cam proposal within 10 business days. That means they have until April 28th to comply.

I wonder now if there is a proposal dated back months ago or not. The lack of transparency, over this seemingly innocent document is beyond troubling. Never accept that the Mayor and PC are trying to be transparent.


Regarding the results of the FBI investigation of the killing of Eurie Stamps which was generated by DA Marion Ryan two years ago. On Feb 7, 2023, I filed another FOIA request to Marion Ryan’s office for copies of the FBI findings. On February 21 the DA’s office asked for more time to respond. On March 8, 2023 I filed an appeal (SPR23-0436) to the State for the lack of response from the DA’s office. On March 21, 2023 I received a reply from Public Records Supervisor informing me that the DA’s office had until April 18th to respond.  That same day March 21, 2023 I received an email from DA Ryan’s office stating that “at the conclusion of our review of this incident we will provide all the information to the family and intend to give them the time they need to review the information before we make and further disclosures or announcements. Accordingly, this matter remains open, and any further records concerning this matter remain exempt from public disclosure at this time.”

So for the past two years of me filing FOIA requests to the DA’s office asking for the results of the FBI investigation, I’ve been given the same reason why it can’t happen. The case is still open after 12 years. I have to say, the DA must be keeping the matter quite for some reason. And it could be earth shattering.


5 Comments:

At April 17, 2023 at 5:08 PM , Anonymous Anonymous said...

Good work Jim as you continue your quest for the truth. While Mayor Sisitsky and his cohorts might be claiming they are transparent, it is clear they are not.

 
At April 18, 2023 at 4:09 PM , Anonymous Anonymous said...

Transparency is not a word I think anyone would use to describe the current administration! Thankful for people like you who try at least to hold them accountable.

 
At April 19, 2023 at 9:56 AM , Anonymous Anonymous said...

JIM PILLSBURY WHY DONT YOU TAKE THIS TO THE NEWSPAPERS SO THAT MORE OF THE PUBLIC CAN BE MADE AWARE THAT THE MAYOR IS HIDING STUFF?

 
At April 19, 2023 at 12:51 PM , Blogger jim pillsbury said...

I'm asking a local TV investigative reporter for help with the DA question. I'm still waiting for the City to comply with Sec of State's office.

 
At April 27, 2023 at 11:17 AM , Blogger jim pillsbury said...

Yesterday I received another denial from the city lawyers claiming the same reasons why they aren't allowing me to see the proposal. What possible reason does the Mayor have for such a lack of transparency and accountability I ask? I will appeal the denial again. And since the body cams are in the small capital part of the FPD budget, along with 4 cars, 100 or so tasers, they can't deny that it's not public.

 

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