From: Stanley Mazurczyk
<stanley.mazurczyk@gmail.com>
Sent: Tuesday, March 30, 2021 7:41 AM
To: pre@sec.state.ma.us
Cc: Lefebvre, Ken <klefebvre@chelmsfordma.gov>;
Crocker-Timmins, Virginia <vtimmins@chelmsfordma.gov>;
George Dixon <gdixon10@hotmail.com>;
Wojtas, Pat <pwojtas@chelmsfordma.gov>;
stanley.mazurczyk@gmail.com;
Cohen, Paul <pcohen@chelmsfordma.gov>
Subject: Appeal, 03.30.2021 - Cohen
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Dear
Supervisor of Records:
On March 3, 2021 I requested, via attached email, Town of Chelmsford (Town)
Manager, Paul Cohen, provide records. Specifically,
“Town of
Chelmsford (Town) taxpayers finance your two Verizon accounts and devices. Town
continually pays for upgrades of devices you operate under these accounts. Both
devices happen to be latest versions of iPhone.
I’m requesting you provide
latest unredacted invoices of these Verizon accounts.”
On March 15, 2021 Mr. Cohen provided attached
response. It states,
“In response to your March 3, 2021 request, the latest invoices for the
referenced Verizon accounts are attached.
Exemption (b) permits the withholding of:
records related solely
to internal personnel rules and practices of the government unit, provided
however, that such records shall be withheld only to the extent that proper
performance of necessary governmental functions requires such withholding
M.G.L.
c.4, §7(26)(b)
In the requester’s
previous appeal SPR20/0210, the Supervisor of Records determined that the Town
may make redactions under Exemption (b), of phone numbers for Town personnel
whose duties involve law enforcement and emergency response.
Therefore,
wireless device numbers for all employees involved in law enforcement and
emergency response are redacted in the responsive documents under Exemption (b).
You may appeal this
response to the Supervisor of Public Records pursuant to 950 CMR
32.08(1)(d). By law, the Supervisor is required to respond within 10
business days of receipt of your appeal. You may also seek judicial
review of an unfavorable response by commencing a civil action in the superior
court, under G.L. c. 66, §10A(c).”
The
problem with Mr. Cohen’s response is that SPR20/0210 doesn’t address two phones
operated by same individual issue. It’s not clear Exemption (b) applies to both
phone numbers Mr. Cohen operates. Snippet from SPR20/0210 states,
“In its December 30th response
the Town stated it "produced copies of all the most recent cell phone
invoices for cell phones the Town provides to ... Town officers and employees. The invoices were produced in full, including the
officer or employee's name, with only the cell phone number itself
redacted."”
That
is not factual, is deceptive, and continues. Attached please find recent
redacted and incomplete invoices Mr. Cohen provided. Invoice for account number
786801401-00001 is missing pages 4-7. Invoice for account number
481485108-00002 is missing pages 4-27. SPR20/0210 didn’t address missing pages
issue. In this appeal I am.
Town’s
contact information follows,
Town
Manager
Paul E. Cohen
Town of
Chelmsford
E-mail: pcohen@townofchelmsford.us
50 Billerica
Road
Phone: (978) 250-5201
Chelmsford, MA
01824
Fax: (978)
250-5252
Please
compel the Town provide these invoices in full and unredacted. Let me know if
you require additional information or have questions.
Sincerely,
Stanley
Mazurczyk
5
Aberdeen Road
Chelmsford
MA, 10863
In response to your appeal of the response to your previous March 3, 2021 request, full invoices for the referenced Verizon accounts are attached.
Wireless device numbers for all employees involved in law enforcement and emergency response are redacted in the responsive documents under Exemption (b).
Invoice detail listing specific call data for Detective Rebecca Tyros, including phone numbers and call times are redacted under Exemption (f).
Exemption (b) permits the withholding of:
records related solely to internal personnel rules and practices of the government unit, provided however, that such records shall be withheld only to the extent that proper performance of necessary governmental functions requires such withholding
M.G.L. c.4, §7(26)(b)
Exemption (f) permits the withholding of:
investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest
M.G.L. c.4, §7(26)(f)
You may appeal this response to the Supervisor of Public Records pursuant to 950 CMR 32.08(1)(d). By law, the Supervisor is required to respond within 10 business days of receipt of your appeal. You may also seek judicial review of an unfavorable response by commencing a civil action in the superior court, under G.L. c. 66, §10A(c).
Request Date
2021-03-30
Agency Tracking
2021-0038
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-ChelmsfordMACitizens/