Andrew Quemere v. Middlesex County District Attorney's Office (SPR 20221396)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 29, 2022 SPR22/1396 Kim Gouveia Records Access Officer Middlesex County District Attorney’s Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Ms. Gouveia: I have received the petition of Andrew Quemere appealing the response of the Middlesex County District Attorney’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Quemere requested: “All video and audio recordings of fatal shootings by police officers that occurred from January 1, 2012 to the present; All final reports on fatal shootings by police officers that occurred from 2012 to the present; All video and audio recordings of witness interviews related to investigations of fatal shootings by police officers that occurred from 2012 to the present; All transcripts of witness interviews related to investigations of fatal shootings by police officers that occurred from 2012 to the present; All electronic data that track information related to shootings by police (both fatal and non-fatal); please provide these data as a spreadsheet, preferably in Excel format (if the data cannot be provided as a spreadsheet, please advise about what formats are available); and, All reports that track statistical information about shootings by police (both fatal and non-fatal).” 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

Kim Bouveia SPR22/1396 Page 2 June 29, 2022 Mr. Quemere requested that the records be provided in an electronic format that is searchable and machine readable. See G. L. c.66, § 6A; 950 CMR 32.04. Mr. Quemere specifically stated, “[t]he records should be provided in a manner that preserves their original features — e.g., hyperlinks, color, images, etc. Records should not be printed out then scanned or subjected to other processes that would remove searchable, machine-readable text or other features. Furthermore, electronic documents that originated separately should not be combined into a single file.” To the extent feasible, Mr. Quemere is asking that the Office provide all the records as email attachments. On May 5 and May 17, 2022, the Office provided Mr. Quemere with responses, including links to the Office’s website pages that hold the responsive records. Also in its May 17th response, the Office advised Mr. Quemere that it was in the process of updating the website to provide further responsive records for the incidents requested by Mr. Quemere. On May 18th, the Office provided additional records through its website. On June 15, 2022, as a result of not receiving any additional records, and no further communication from the Office, Mr. Quemere petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Clarify whether additional responsive records Where Mr. Quemere petitioned the Supervisor seeking further responsive records from the Office, it is unclear whether the Office has additional records in its possession that are responsive to Mr. Quemere’s request. If the Office has additional responsive records, the Office should advise Mr. Quemere when the records will be provided, and provide those records on a rolling basis. The Office must clarify these issues. Conclusion Accordingly, the Office is ordered to provide Mr. Quemere with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere