Daniel D. Jaffe v. Massachusetts Peace Officer Standards and Training Commission (SPR 20221373)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 29, 2022 SPR22/1373 Randall E. Ravitz, Esq. General Counsel Massachusetts Police Officer Standards & Training Commission Commonwealth of Massachusetts 100 Cambridge Street, 14th Floor Boston, MA 02114 Dear Attorney Ravitz: I have received the petition of Attorney Daniel D. Jaffe of the Committee for Public Counsel Services (CPCS) appealing the response of the Massachusetts Police Officer Standards and Training Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 31, 2022, Attorney Jaffe requested: 1. All Excel spreadsheets produced by any law enforcement agency in response to the Commission’s September 30, 2021 and December 21, 2021 letters requesting disciplinary records for active and transfer officers[;] 2. All supplemental, underlying, or replacement disciplinary records…produced by each law enforcement agency in response to each of the Commission’s requests for disciplinary records[;] 3. All correspondence, justifications, or extension requests from each law enforcement agency that has not provided a response to the Commission’s requests for disciplinary records. On March 1, 2022, Attorney Jaffe provided a narrowed-down list of law enforcement agencies that CPCS would like to receive data on first to test out the spreadsheet production process. These law enforcement agencies were Boston, Cambridge, Somerville, Malden, Worcester, Springfield, Holyoke, Pittsfield, Brockton, Fall River, New Bedford, Quincy, Barnstable, Salem, Lynn, Lowell, Lawrence, and the Massachusetts State Police. Previous Appeal This request was the subject of a previous appeal. See SPR22/0980 Determination of the Supervisor of Records (May 6, 2022). On May 20, 2022, the Commission provided a response. 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

Randall Ravitz, Esq. SPR22/1373 Page 2 June 29, 2022 Unsatisfied with the Commission’s response, Attorney Jaffe petitioned this office and this appeal, SPR22/1373, was opened as a result. Pending litigation In a supplemental response dated June 23, 2022 for similar public records requests, the Commission notes there is pending litigation, where related records are the subjects of the dispute in active litigation. See Hovsepian, Scott et al. v. Massachusetts Peace Officer Standards and Training Commission (Suffolk Superior Court Docket No.2284CV00906). 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, ~ ·, . - ,,' . . · - ' · Rebecca S. Murray Supervisor of Records cc: Daniel D. Jaffe, Esq.