Patrick N. Bryant v. Boston, City of - Police Department (SPR 20161066)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor of Records December 7, 2016 SPR16/1066 Nicole Taub, Esq. Boston Police Department One Schroeder Plaza Boston, MA 02021 Dear Attorney Taub: I have received the petition of Patrick Bryant, Esq. appealing the response of the City of Boston - Police Department (Department) to requests for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, in two (2) separate requests dated April 27, 2016, Mr. Bryant requested five (5) categories of "lists" and two (2) categories of "breakdowns" related to the Department cadet program and the Department's hiring processes. Previous appeals These requests were the subject of previous appeals. See SPR16/337, 338 Determination of the Supervisor of Records (June 3, 2016); SPR16/496 Determination of the Supervisor of Records (July 19, 2016); SPR16/729 Determination of the Supervisor of Records (September 16, 2016). In my September 16 determination I found responsive information was properly withheld under Exemption ( c) of the Public Records Law. G. L. c. 4, § 7 (26)( c ). In a letter dated November 18, 2016, Attorney Bryant informed this office he seeks reconsideration of the September 16 determination. This appeal (SPR16/1066) was opened as a result. Request for reconsideration I understand that subsequent to the opening of this appeal, the Department provided a supplemental response to Attorney Bryant dated November 25, 2016. In this response, the Department provided additional records but continued to withhold certain information under Exemption (c) of the Public Records Law. G. L. c. 4, § 7 (26) (c). 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

Nicole Taub, Esq. SPR16/1066 Page 2 December 7, 2016 Exemption (c) In the November 18 letter, Attorney Bryant suggests this office "should direct the disclosure of names of individuals who proceeded past the initial application stage." In addition, Attorney Bryant indicates the Department "should be ordered to provide all appeals, complaints, or related litigation filed with public agencies or courts by individuals challenging their failure to be appointed as a Boston police officer." After another careful and thorough review of this matter, I respectfully decline to reverse my findings. If Attorney Bryant is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § lO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Current class ofc adets Attorney Bryant also indicates that the September 16 determination "did not respond to other concerns presented in our appeal. The Department refused to provide information about the current class of cadets." Attorney Bryant indicates his belief that the "process has concluded" and, as a result, this information should be provided. I understand that in an email dated December 2, 2016, the Department provided Attorney Bryant "a list of candidates hired for the Cadet program in November 2016 and the corresponding veteran status." Whereas the Department has now provided information pertaining to the "current class of cadets," I will consider this appeal cl ed. cc: Patrick N. Bryant, Esq.