Ryan Kath v. Brockton, City of (SPR 20220812)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 26, 2022 SPR22/0812 Allison M. Cogliano, Esq. Assistant City Solicitor 45 School Street - City Hall Brockton, MA 02301 Dear Attorney Cogliano: I have received the petition of Ryan Kath, of NBC Boston, appealing the response of the City of Brockton (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 17, 2022, Mr. Kath requested the following records: “[a]ll records for a crash involving former police … which occurred on [identified date] … on Route 24.” On April 1, 2022, Mr. Kath modified his request to “…. all emails sent/received from the following [named] employees and … all emails from [named person] … to the mayor’s office regarding his retirement/resignation from the department.” Further, Mr. Kath requested the following records: • Call records from [named person] … city-issued cell phone from May 15, 2021 thru May 17, 2021 • All text messages sent and received on [named person] … city-issued cell phone from May 15, 2021 thru May 17, 2021. The City responded on April 4, 2022. Unsatisfied with the response, Mr. Kath petitioned this office and this appeal, SPR22/0812, was opened as a result. Based upon a conversation between a Public Records Division senior attorney and a City representative, it is my understanding that the City intends on providing a response to Mr. Kath. Accordingly, the City is ordered to provide Mr. Kath with said response to the request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Kath may appeal the substantive nature of the City's response within ninety 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

Allison M. Cogliano, Esq. SPR22/0812 Page 2 April 26, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Ryan Kath