Matthew S. Furman, Esq. v. Revere, City of - Police Department (SPR 20170840)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 6, 2017 SPR17/840 Lieutenant Michelle Mangino Records Supervisor City of Revere Police Department 400 Revere Beach Parkway Revere, MA 02151 Dear Lieutenant Mangino: I have received the June 20, 2017 petition of Matthew S. Furman of Todd & Weld, LLP appealing the response of the City of Revere Police Department to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Furman's former colleague Stresha A. Emmanuel, Esq. requested a copy of: 1. The Department's operational handbook, procedure manual, guidelines and policies from January 1, 2015 to the present (February 2017 -date of the request); including policies related to anonymous calls, gunshots, children, assessing whether calls are false, the reasonableness of force, detaining and/or arresting people, use of SWAT, use of tear gas and treatment of detainees; 2. The Department's operational handbook, procedure manual, guidelines and policies concerning the use of force from January 1, 2015 to the present; 3. The Department's operational handbook, procedure manual, guidelines and policies concerning the use of special weapons and tactics teams (SWA T) when responding to emergency calls from January 1, 2015 to the present; 4. All documents concerning the Revere Police Department's response to 22 Francis Street in Revere on October 16, 2016, including police reports, investigation reports, incident reports, media postings and narratives. Prior appeal The requested records were the subject of a prior appeal. See 17 /730 Supervisor of Records Determination (June 9, 2017). In my June 9th determination, I ordered the Department to provide Attorney Furman with a detailed response concerning the Department's Exemption (b ), (c) and (f) claims regarding certain of the records in Requests 3 and 4. I note that the Department previously provided records responsive to Requests 2, 3 and 4, but did not explain what records 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

Lieutenant Michelle Mangino SPRl 7/840 Page 2 July 6, 2017 were specifically being withheld under the Exemptions regarding Requests 3 and 4. In response to my June 9th order, the Department provided Attorney Furman with responses on June 26, 2017 and June 30, 2017. Attorney Furman may appeal the substantive nature of theses responses within ninety calendar days. 950 C.M.R. 32.08(1). With respect to Request 1, the Department provided a response to Attorney Furman on June 2, 2017. I understand you informed a Public Records Division staff attorney that the Department is working to provide Attorney Furman with a supplemental response regarding Request 1. Conclusion Accordingly, I will consider this appeal closed with the proviso that the Department provides Attorney Furman with a response prepared in a manner consistent with the Public Records Law, its Regulations, and this order within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Matthew S. Furman, Esq.