Seth Kershner v. Hampshire County Sheriff's Department (SPR 20211435)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 17, 2021 SPR21/1435 Thomas Mitchell Records Access Director Hampshire Sheriff’s Office 205 Rocky Hill Road Northampton, MA 01061 Dear Mr. Mitchell: I have received the petition of Seth Kershner appealing the response of the Hampshire Sheriff’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 24, 2020, Mr. Kershner requested, “copies of use of force reports for each time chemical agents were used by facility staff from January 11, 2019, to the date of this request.” Previous appeal This request was the subject of a previous appeal. See SPR21/0841 Determination of the Supervisor of Records (April 15, 2021). The Office provided a response on April 27, 2021. Unsatisfied with the Office’s response, Mr. Kershner petitioned this office and SPR21/1435 was opened as a result. Current appeal In Mr. Kershner’s appeal, he indicated he was seeking “the Supervisor's assistance in determining whether the Sheriff has in fact rescinded the earlier fee estimate, replacing it with these new exemption claims.” Based upon a conversation between a Public Records Division staff attorney and an Office representative, it is my understanding that the Office does not intend on charging fees for producing the requested records. Where the basis of this appeal was whether the Office would charge fees for requested records, I will consider this administrative appeal closed. If issues remain unresolved, Mr. Kershner may appeal the substantive nature of the Office’s response within 90 days. See 950 C.M.R. 32.08(1). 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

Thomas Mitchell SPR21/1435 Page 2 June 17, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Seth Kershner