Michael Gordon v. Department of State Police - Office of the Chief Legal Counsel (SPR 20171127)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 1, 201 7 SPR17/1127 Alycia J. DeAngelis, Esq. Staff Counsel Massachusetts State Police General Headquarters 470 Worcester Road Framingham, MA 01702 Dear Attorney DeAngelis: I have received the petition of Michael Gordon appealing the response of the Massachusetts State Police (Department) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). On January 25, 2017, Mr. Gordon requested from the Department six categories of public records: · 1) K9 Rocky's file from 2011 to 2015. 2) K9 Rocky's certificate from 2011 to 2015. 3) Certificate of Certification awarded to Trooper John Morris and K9 Rocky from 2010 to 2015. 4) Actual time schedule of Sergeant Richard L. Galeazzi, Trooper Torname Louis, and Trooper John Morris 30 days prior to August 11, 2011 and 30 days after. 5) Regulation and/or policy related to the State Police Department uniforms and dress code during work hours. 6) Training and Regulation Policies related to State Troopers becoming detectives. Previous appeal This request was the subject of previous appeals. See SPRl 7/380 Supervisor of Records Determination (March 30, 2017); SPRl 7/687 Determination of the Supervisor of Records (June 1, 2017). I closed SPRl 7/687 with the proviso that the Department provide a substantive response to Mr. Gordon. The Department provided a response on June 20, 2017. Mr. Gordon objects to this response and this appeal (SPRl 7 /1127) was opened as a result. 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

Alycia J. DeAngelis, Esq. SPRl 7/1127 Page 2 September 1, 201 7 Current appeal In the appeal petition, a rerresentative of Mr. Gordon notes that he did not receive certain records referenced in the June 20t response. In particular, in its June 20th response the Department indicates "it is my understanding that you were provided with a copy of the Department's Canine Unit policy, policy number TOP-05. I am attaching another copy of TOP- 05 herewith for your records." In the appeal petition, a representative of Mr. Gordon notes "No such attachment was included in the enclosed documents. We respectfully request a copy of said document." The Department also explains that with respect to requested records related to policies and procedures governing the dress code for sworn Department members, the Department attached the "Department of State Police, General Order on Uniforms. GEN-02." However, in his appeal, Mr. Gordon notes "[w Je respectfully request a copy of said document as we did not receive this in enclosure." The appeal also references other records Mr. Gordon is seeking. Subsequent to the opening of this appeal, this office was informed that the Department intends to provide electronic copies ofresponsive records to Mr. Gordon's representative. Whereas this appeal was opened based on Mr. Gordon not receiving responsive records, I will consider this appeal closed with the proviso that the Department provides such records without delay. Mr. Gordon may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Michael Gordon