Benjamin Maddison v. Northampton, City of - Police Department (SPR 20202004)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 2, 2020 SPR20/2004 Jennifer DiCarlo Principal Records Clerk Northampton Police Department 21 Center Street Northampton, MA 01060 Dear Ms. DiCarlo: I have received the petition of Benjamin Maddison appealing the response of the Northampton 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 29, 2020, Mr. Maddison requested five categories of records related to “AOM-P251 Policy on Citizen complaints,” including “the evaluation of the complaint and the recommendation as to the appropriate adjudication and disposition of the incident.” Previous Appeals The requested records were the subject of a previous appeal. See SPR20/1417 Determination of the Supervisor of Records (September 2, 2020). In my September 2nd determination, I found the Department denied Mr. Maddison’s request without providing any support to withhold the responsive record under Exemption (c) of the Public Records Law. The Department was ordered to provide Mr. Maddison with a response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. The Department provided said response on October 1, 2020. Unsatisfied with the Department’s response, Mr. Maddison appealed to this office, and SPR20/2004 was opened as a result. Current Appeal In his appeal to the Department’s October 1st response, Mr. Maddison makes a request for records. Subsequent to the opening of this appeal, on October 28, 2020, the Northampton City Solicitor, Alan Seewald, provided a response to Mr. Maddison which included responsive records. In his response, Attorney Seewald states “I have attached the only documents in the possession, custody or control of the Northampton Police Department that are responsive to your request below.” 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

Jennifer DiCarlo SPR20/2004 Page 2 November 2, 2020 Conclusion Whereas the Department has provided Mr. Maddison with a response to his request, I will consider this administrative appeal closed. Mr. Maddison 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: Benjamin Maddison Alan Seewald, Esq.