Request #2021-1433 (Framingham, MA - Licensing)

Request for public records made to City of Framingham by The New FU Spotlight Team.

Agency
City of Framingham
Summary
Seeking any email correspondence sent or received by any of the board of license commissioners, or an administrator working on their behalf, on their official or personal email accounts used to conduct city business, which mention any of the following words or phrases - "Braza", "135 grill", or  "672 Waverley".  Date range to search 5/1/2021-8/12/2021.  Please include all attachments.  Seeking any text messages sent or received by any of the board of license commissioners, or an administrator working on their behalf, on their cell phones used to conduct city business, which mention any of the following words or phrases - "Braza", "135 grill", or  "672 Waverley".  Date range to search 5/1/2021-8/12/2021.   Personal email addresses and personal phones used to conduct business are public records and should be turned over in accordance with the law. The redactions on report 1907902 "Exibit A" was not done by Marilia Martins, there hasn’t been any additional redactions done. Based on the report attached (1907902 "Exibit A" )  the exemptions are: The Framingham Police Department must redact your request on the grounds that  the requested records would violate the Criminal Offender Record Information Act (CORI). G.L. c. 6, § 167, 172; 803 C.M.R. 2.03(3). The CORI statute imposes restrictions on the dissemination of records which were compiled by the Department concerning an identifiable individual which relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release. Therefore, these records are being withheld pursuant to Exemption (a) of the Public Records Law. This exemption allows for the withholding of records which are “specifically or by necessary implication exempted from disclosure by statute.” G.L. c. 4, § 7(26)(a). A governmental entity may use Exemption (a) as a basis for withholding requested materials where the language of the exempting statute suggests that the public's right to inspect records under the Public Records Law is restricted. Attorney General v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). G.L. c. 6, § 167, the CORI statute, prevents the Department from disclosing the requested police arrest records and reports.   Exemption (C) G.L. c. 4, § 7(26)(c).This category applies to materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy71 The Department of Criminal Justice Information Services (DCJIS) provides public access to certain criminal records. You may be able to obtain some of what you are seeking by requesting it through the iCORI program. You can contact DCJIS on-line or via phone by calling 617-660-4640 for more information.   Exemption F -the Investigative Exemption states "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"   You have a right to appeal this decision, pursuant to 950 CMR 32.08(2), to: Supervisor of Public Records Office of the State Secretary, One Ashburton Place, Room 1719 Boston, Massachusetts 02108   Any appeal must be made in writing within 90 days of this denial, and shall include a copy of your written request and a copy of this letter. The Supervisor shall accept an appeal only from a person who had made his or her public record request in writing. If you require further information regarding this matter, please do not hesitate to contact me.   2.03: CORI Inclusions and Exclusions (1) CORI shall be limited to the information recorded as the result of the initiation of criminal proceedings or any consequent related proceedings regarding individuals 18 years of age or older for offenses after September 18, 2013. For offenses prior to September 18, 2013, CORI includes offenses for individuals 17 years of age or older. (2) If a person younger than 18 years old is adjudicated as an adult, CORI shall include information relating to that adjudication. (3) CORI shall include fingerprints, photographs, and other identifying data that is recorded as the result of the initiation of a criminal proceeding.     103 Globe Newspaper Company v. Boston Retirement Board, 388 Mass. 427, 438 (1983) (explanation of “identifying details” and “grave risk of indirect identification”).   1. Ongoing investigations: Information that may alert suspects, or otherwise jeopardize an ongoing investigation, may be withheld. 2. Future Investigations: Confidential investigative techniques may be withheld that would jeopardize future investigative efforts. 3. Confidentiality: information may be withheld to provide an assurance of confidentiality to private citizens so that they will speak openly about matters under investigation. Accordingly, any details in witness statements, which if released create a grave risk of directly or indirectly identifying a private citizen who volunteers as a witness are indefinitely exempt. The email dated 6/22/2021 12:22 p.m. from Stuart Pologe (FW: Braza Bar & Grill's Handouts Updated in Dropbox) references deleted Dropbox folder:  https://www.dropbox.com/sh/gib1tus90x79v5n/AADTeJnshoTlCAIqL77L-TXla?dl=0.  The document that was contained within is Braza Update Cover.pdf Date Author Recipient Substance Redacted/Withheld Statutory Authority/Reason Applies Email--1/16/2020-06/22/2021 -FW: No Meeting Next Week & Braza PD Reports(3 emails) Diane Willoughby (DW) Stuart Pologe (SP), Cesar Monson (CM) SP, DW, CM Dropbox link to document containing Police Incident Report Redacted  The responsive email includes a Dropbox link to a redacted Police Incident Report referenced by Marilia Martins. You have a right to appeal this response to the Supervisor of Public Records pursuant to G.L. c. 66, §10A(a) or to file an action in Superior Court pursuant to G.L. c. 66, §10A(c).
Request Date
2021-08-12
Agency Tracking
2021-1433
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/
Status
Fulfilled
Requester
The New FU Spotlight Team
Documents
03.08.21.pdf 03.22.21.pdf 04.05.21.pdf 04.26.21 CORRECTED.pdf 135 Grill, 672 Waverly Street--Issuance of Alcohol License.eml 135 Grill, 672 Waverly Street.eml 135 Grill--672 Waverly Street.eml 135 Grill Bill Payment - 672 Waverly St.eml 135 Grill CV & Mo-Sat Entertainment Licenses.pdf 135 Grill Corp .eml 135 Grill Fire Inspection.eml 135 Grill Licenses Issued 05.06.21.pdf 672WaverlyStBrazaGrill&BarCOI05.21.18_05062021121309.pdf 672waverleyeventsearch_06102021114556.pdf ABCC 2020 Renewal Certificate Amended 013020.pdf Alcohol Address Report 072021.pdf Alcohol Violation Notice to Braza Bar Grill 091619 Incident FINAL.pdf Autoreply RE 135 Grill Corp (1).eml Autoreply RE 135 Grill Corp.eml Biannual Alcohol Violation Report.eml Braza License Amendments Background Provided in 062221 S. Pologe Email.pdf Braza Update Cover 052019.pdf BrazaBarGrillCOI12112019_05062021121309.pdf CV & Monday-Saturday Entertainment Licenses.eml Estimate for FOIA Request 2021-1015.eml FW Agenda for Board of License Commissioners Meeting June 8 AND Quarterly Last Drink Report.eml FW Alcohol Violation Hearing Notice to Braza.eml FW All Alcohol Restaurant, Common Victualer, Monday-Saturday & Sunday Entertainment License Applications - 135 Grill Corp 672 Waverly Street.eml FW Alleged Alcohol Violation at Braza.eml FW Biannual Alcohol Violation Report.eml FW Biannual Alcohol Violations Report.eml FW Braza (1).eml FW Braza Bar & Grills Handouts Updated in Dropbox (1).eml FW Braza Bar & Grills Handouts Updated in Dropbox.eml FW Braza - Proposed Findings & Decision .eml FW Braza.eml FW Brazas Updated Security Protocol.eml FW Checking In.eml FW Handouts for Mondays Meeting & Tommys Taxis Policy.eml FW January 6 Meeting---IN BLUMER COMMUNITY ROOM - Mullin Rule.eml FW Letter Presented at BLC Meeting Oct. 21.eml FW Link to Handouts for Meeting - Feb. 10 & Amended Renewal Certificate.eml FW No Meeting Next Week & Braza PD Reports.eml FW OUI Last Drink Data - Q3 (2020) and Q4 (2020).eml FW Updated file for Brazas Amended Alcohol License Application Submittal.eml Index of withheld or redacted records.docx Last Drink Notice - August 2020.xls Last Drink Notice - December 2020.xls Last Drink Notice - July 2020.xls Last Drink Notice - November 2020.xls Last Drink Notice - October 2020.xls Last Drink Notice - September 2020.xls Last Drink Report Q3 (July-Sep) 2019.xlsx Last Drink Report Q4 (Oct-Dec) 2019.xlsx Licensing Meeting Minutes.eml Licensing Meeting Minutes.eml.msg May 1 2020 Alcohol Violations Report.docx OUI Last Drink Data - Q3 (2020) and Q4 (2020).eml PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041.eml Portuguese Club Letter Public Comments 102119.pdf Public Records Request - Brazas Bar & Grill in Framingham, MA.eml RE 135 Grill, 672 Waverly Street--Issuance of Alcohol License.eml RE 135 Grill, 672 Waverly Street.eml RE 135 Grill Bill Payment - 672 Waverly St.eml RE 135 Grill Fire Inspection.eml RE All Alcohol Restaurant, Common Victualer, Monday-Saturday & Sunday Entertainment License Applications - 135 Grill Corp 672 Waverly Street.eml RE PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041 (1).eml RE PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041 (8).eml RE PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041 (13).eml RE PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041 (15).eml RE Public Records Request - Brazas Bar & Grill in Framingham, MA.eml RE grand opening.eml Re 135 Grill Corp (3).eml Re 135 Grill Corp (4).eml Re Braza Bar.eml Re PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041 (5).eml Re PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041 (9).eml Re PUBLIC RECORDS REQUEST -- TIME SENSITIVE -- ACTION REQUIRED PRR 2021-1041 (11).eml Request# 2021-0781 New Request Received.eml Request# 2021-0781 Response to your Request.eml Request# 2021-1015 Estimated Cost for your Request for payment (1).eml Request# 2021-1015 Estimated Cost for your Request for payment.eml Request# 2021-1041 New Request Received.eml Request# 2021-1433 New Request Received.eml Updated Alcohol License Report.eml WaverlySt.672BrazaBar&GrillCOI11.21.18_05062021121309.pdf braza exhibits01152020_Redacted.pdf
Original Source

This record is part of the StateReference Public Records Requests collection. This is a public records request to a state agency or municipality.

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