Andrew Quemere v. Haverhill, City of - Police Department (SPR 20201463)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 4, 2020 SPR20/1463 Lieutenant Doreen M. Champagne Haverhill Police Department City of Haverhill 40 Bailey Blvd Haverhill, MA 01830 Dear Lt. Champagne: I have received the petition of Andrew Quemere appealing the response of the Haverhill 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 August 24, 2020, Mr. Quemere requested six categories of records, including “[a] blank copy of each form used to report use-of-force incidents.” The Department responded on August 25, 2020, providing responsive records, and indicating they could not provide a copy of the requested record without creating a new record. Unsatisfied with this response, Mr. Quemere petitioned this office, and SPR20/1463 was opened as a result. Current Appeal In its August 25th response, the Department states in regard to a copy of blank use-of- force form, “[t]he Department does not have accessible records responsive to your request. We are unable to extract or ‘screenshot’ ‘blank’ forms utilized for use of force reporting without creating a new and active record.” In his appeal, Mr. Quemere contests “I noted that if it was part of a computer program and was not easily extractable, the department could simply take screenshots…making a copy of a record cannot be considered creating a new record under the public records law.” On August 25, 2020, the Department provided a supplemental response to this office explaining why they are unable to provide a screenshot. The Department explains “[u]pon creating a new entry in BlueTeam, the officer arrives at an initial screen. Opening this screen triggers the creation of NEW record of a use of force incident… [y]ou must hit ‘next’ in order to advance through each screen thereafter, each of which requires a detailed information entry in order to advance to the next screen. All information is saved once you advance past the first screen. It is not possible to advance through each screen without entering. Additionally, the 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 Doreen M. Champagne SPR20/1463 Page 2 September 4, 2020 question sets within the program are dynamic; for example the question sets may change based on the type of use of force that the officer selects. For all the aforementioned reasons, it is impossible to make copies of ‘blank forms’. Essentially the only way to show Mr. Quemere each ‘screenshot’ as requested, would be to create a ‘test’ entry of a new incident, so as to prompt the program to advance through each module. As a matter of public records law as well as maintaining best practices for data integrity and reporting, this Department will not create a new record for Mr. Quemere in the manner that he suggests.” Under the Public Records Law, the Department is not required to create a record in response to a public records request. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). However, it is unclear whether the Department could produce a redacted version of an existing form or if that would be responsive to Mr. Quemere’s request. Consequently, I encourage the parties to communicate to determine whether there is a way to provide responsive records in an effective and efficient manner. I will consider this appeal closed, but if issues remain unresolved, Mr. Quemere may file a further appeal with this office Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere