Matthew Rocheleau v. Lawrence, City of - Police Department (SPR 20201430)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 3, 2020 SPR20/1430 Maria Caba Records Division Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Ms. Caba: I have received the petition of Matthew Rocheleau of the Boston Globe appealing the response of the Lawrence Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on July 17, 2020, Mr. Rocheleau requested ten categories of records including: Any/all logs/lists of internal investigation cases of police department employees from Jan. 1, 2010 through present, including but not limited to pending cases, provided that the records have been inputted to and can be extracted from the department’s electronic tracking system, aka IAPro. Please include the current disposition of each case, as well as any final disciplinary action linked to complaint. (Note: I’ve been informed that the system is only a couple of years old and it may not contain records for IA cases earlier than when it went into use. For earlier records, if the department would also provide the number of cases for each year dating back to 2010 that would be appreciated)[.] The Department provided a response on August 7, 2020, which included certain portions of the responsive records. The Department’s August 7th response states “[a]s stated in a prior email, all disciplinary information stemming from an IA investigation into an officer is not public record as i[t] would be contained in their personnel file which is exempt under MGL c 4, sec 27(c). As for any logs from 2010-2014, no such document exists. . . .” In an email correspondence on August 14, 2020, Mr. Rocheleau inquired “[o]n the IA log you’ve provided here, though -- Are there any other columns of info we can get as well (such as what the charge(s) were in each case and officer names, dates opened and closed, etc.)?” 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

Maria Caba SPR20/1430 Page 2 September 3, 2020 The Department responded indicating that “[i]f you are looking for something different, make a separate request and the RAO can forward that to the police.” Subsequently, on August 14, 2020, Mr. Rocheleau requested the following: A copy of the full log/list of internal investigation cases of police department employees, including but not limited to pending cases, that can be extracted from the department’s electronic tracking system, aka IAPro. This request includes, but is not limited to, columns of information showing: the case number for each case; the nature of the charges in each case; whether it was an administrative investigation, citizen complaint, etc.; the name(s) and badge number(s) of the officer(s) involved in each case; the date each case opened; the date each cased closed; and the current finding(s) and disposition(s) of each case (such as sustained, exonerated, etc.); as well as any final disciplinary action linked to complaint. (Note: The Department previously provided the Globe with just a copy of a portion of the IAPro log, without names, dates, charges, etc. To be clear, we are seeking a copy of the full IAPro log)[.] The Department provided responses on August 14, 2020 and August 19, 2020. Unsatisfied with the Department’s response, Mr. Rocheleau petitioned this office and this appeal, SPR20/1430, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s August 14th and 19th responses In its August 14, 2020 response, the Department attached a copy of its August 7th

Maria Caba SPR20/1430 Page 3 September 3, 2020 response to the July 17th request. Consequently, Mr. Rochleau indicated that the previous response “. . . was just a copy of a portion of the IAPro log, without names, dates, charges, etc. For this request, we are seeking a copy of the full IAPro log.” On August 19, 2020, the Department responded “[p]lease be advised that [the Department] ha[s] answered your request in a prior public records request.” Based on the Department’s response, it is unclear whether it possesses the “full IAPro log” as requested by Mr. Rocheleau’s in his August 14th request. Therefore, I find the Department must confirm if it possesses responsive records. Although the Department claims that it has answered Mr. Rocheleau’s request in a previous public records request, Mr. Rocheleau indicates that the August 7th response did not include certain information which he now requests in the full IAPro log. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that the requested records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Department is ordered to provide Mr. Rocheleau with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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 Rocheleau