Andrew Quemere v. Greenfield, City of - Police Department (SPR 20230578)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2023 SPR23/0578 Robert H. Haigh Jr. Records Access Officer Chief of Police Greenfield Police Department 321 High Street Greenfield, MA 01301 Dear Chief Haigh: I have received the petition of Andrew Quemere appealing the response of the Greenfield Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 15, 2023, Mr. Quemere requested the following: [1] The annual use-of-force report for 2022 [2] All use-of-force data for 2022 The Department responded on March 27, 2023, providing responsive records. Unsatisfied with the Department’s response, Mr. Quemere appealed, and this case was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Robert H. Haigh Jr. SPR23/0578 Page 2 April 7, 2023 The Department’s March 27th Response In its March 27, 2023 response, the Department provides a document entitled “2022 Use of Force Report & Pursuit Analysis,” including multiple tables of data. In his appeal petition, Mr. Quemere contends that “the Greenfield Police Department provided the report as a scanned copy that lacks searchable, machine-readable text.” Preferred Format A records access officer must, to the extent feasible, provide public records to a requestor in electronic format unless the record is not available in electronic form or the requestor does not have the ability to receive or access the records in electronic format and if feasible, in the requestor’s preferred format. In the absence of a preferred format, the records must be provided in a searchable machine-readable form. See 950 C.M.R. 32.04(5)(d). In an email to this office on March 30, 2023, the Department explains that “[g]enerally all of [the Department’s] electronic records are pdf format, which is searchable with the correct software.” The Department further explains that its “main records management software can only print physical copies or pdf copies, [the Department does] not have the ability to ‘print’ in other formats.” Additionally, this office has reviewed the report provided to Mr. Quemere, and it appears to be a searchable machine-readable format. Where the Department has provided the responsive records to Mr. Quemere in a searchable, machine-readable format, I find that the Department has met its burden in responding to this request. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere