Nikkilynn Mazenkas-Tracey v. Foxborough, Town of - Police Department (SPR 20232508)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 6, 2023 SPR23/2508 Robert A. Bolger Administrative Assistant Foxborough Police Department 8 Chestnut Street Foxborough, MA 02035 Dear Mr. Bolger: I have received the petition of Nikkilyn Mazenkas-Tracey appealing the response of the Foxborough 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 July 25, 2023, Ms. Mazenkas-Tracey requested: [1] any documents notes email text messages or any other communication official or unofficial documents resulting from Detective . . . 5/28/2020 visit to [an identified address] from 13:53-14:35 for administrative work; [2] A record of the change log for 5/28/2020; [3] Notes, texts, emails call logs or any other communication to the records [the Department] already provided that state there were attachments added from other department/people (example 20FOX-271-05); [4] Notes, texts, emails, call logs or any other communication by Detective Morrison to other police or municipal employees regarding any investigation into [two identified persons] beginning in 2017; [5] Any notes, comments, opinions, statements of facts, observations etc. regarding aforementioned individuals by Detective Morrison or any other [Department] employee in any shared database with other law enforcement agency including federal and state; [6] All Norpac related documents relating to the ongoing investigation of aforementioned parties; 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

Robert A. Bolder SPR23/2508 Page 2 November 6, 2023 [7] The Norpac agreement lists several items numerically as part of a prescribed action plan to combat drug related activity in the [N]orpac communities. The agreement states that records are created and shared by detectives with supervising officers in the communities. Please provide any and all of the relevant documents under the control of the [Department], or as allowed by Norpac; [8] All correspondence written [in] electronic [or] any form with NPlex registry or abs officers or agents regarding the use of NPlex from 2019-2020. Please report the number of contacts and alerts received by NPlex for each year. Please provide the department policy relating to process of incoming NPlex alerts as well as alerts generated by the system during normal use. Please provide all training materials. On August 8, 2023, the Department responded to Ms. Mazenkas-Tracey, indicating, “this Department will require additional time beyond the 10 business days allotted under the law to respond to this request. As a result, the Department will produce the requested records within 25 business days following the initial receipt of your request, which represents a reasonable timeframe under the law.” On October 22, 2023, after not receiving any of the responsive records, Ms. Mazenkas- Tracey petitioned this office, and this appeal was opened. Subsequent to the opening of this appeal, on November 3, 2023, the Department provided Ms. Mazenkas-Tracey with a response to her request, including responsive records. Conclusion Accordingly, where the Department has provided Ms. Mazenkas-Tracey with a further response, I will consider this administrative appeal closed. Ms. Mazenkas-Tracey may appeal the substantive nature of the Department’s November 3rd response within ninety (90) calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Nikkilynn Mazenkas-Tracey