Laura H. Ortiz v. Lowell, City of - Police Department (SPR 20232233)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 3, 2023 SPR23/2233 Jacqueline Cook Keeper of Records Lowell Police Department 50 Arcand Drive Lowell, MA 01852 Dear Ms. Cook: I have received the petition of Laura Ortiz appealing the nonresponse of the Lowell Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 4, 2023, Ms. Ortiz requested for the following records from July 15, 2023 to September 4, 2023: [1.] Any Notice(s) to Vacate issued by the City of Lowell and/or Lowell Police Department served, posted or placed near or within any homelessness camp (not limited to the encampments . . . - and their ‘temporary domiciles’ located on or around [an identified location] or around the railroad tracks under the concrete overpass columns etc.; . . . - and their ‘temporary domiciles’ at [an identified location] after ‘alleged criminal activity (including weapons and/or drugs)’ and the City of Lowell conducting ‘sweep-type actions’ to clear encampments or other approaches. . . [2.] Any Notice(s) for Personal Belonging and Property Retrievals or other served, posted or placed or given to the homelessness persons or posted on City Property or other issued by the City of Lowell and/or Lowell Police Department regarding where they can recover their personal property and belongings after ‘alleged criminal activity (including weapons and/or drugs)’ and the City of Lowell conducting ‘sweep- type actions’ or other approaches to clear encampments . . . [3.] Any Notice(s) to Vacate or Seizure/Forfeiture or Fines or other issued by the City of Lowell and/or Lowell Police Department served, posted or placed to any landlord or property owner or upon their property address after ‘alleged criminal activity (including weapons and/or drugs)’ occurred at their property address in the City of Lowell... One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Jacqueline Cook SPR23/2233 Page 2 October 3, 2023 [4.] Any records Lowell Police Department custodians or was given a copy related to [an identified location] and ‘Requirements’ or ‘Qualifications’ for any ‘Placements’ of our displaced homeless residents there; how many available beds were open at any [identified] shelters during the time any ‘homelessness encampment clearing’ occurred for displaced homeless residents or were subsequently utilized by those displaced homeless residents of either the [named] encampments... [5.] Any records Lowell Police Department custodians or was given a copy regarding City of Lowell and/or its Board of Health and/or its Fire Department or other and any Inspection Records and/or Permits regarding the [named location] (or any additional address their [identified] shelters may be located at) related in any way to: safety; fire alarms or fire areas; ‘bed bugs’ or other pests; food service areas including meal distribution; and also occupancy ... [6.] Any records Lowell Police Department custodians or was given a copy related to City of Lowell and its ‘Co-Op Team’ and all Services that are offered or available during the homelessness clearing sweeps to any displaced homeless residents of either the [named] encampments... Claiming to not yet have received responsive records, Ms. Ortiz petitioned this office and this appeal, SPR23/2233, was opened as a result. Subsequently, I learned that the Department provided Ms. Ortiz with a response dated September 20, 2023. Where this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Ms. Ortiz may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Laura Ortiz