Matthew J. Koes, Esq. v. Worcester, City of (SPR 20230759)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 1, 2023 SPR23/0759 Janice E. Thompson, Esq. Assistant City Solicitor City of Worcester Law Department 455 Main Street, Room 301 Worcester, MA 01608 Dear Attorney Thompson: I have received the petition of Matthew J. Koes, Esq., appealing the response of the City of Worcester (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 5, 2023, Attorney Koes requested the following: (1) All documents related to a Bureau of Professional Standards investigation related to the following citizen complaints against[Named Officer]: (a) #5321, 1/13/1995; (b) #5109, 8/15/1996; (c) #5151, 12/04/1996; (d) #5185, 4/6/1997; (e) #4622, 3/14/2000; (f) #6960, 6/19/2006; (g) #6557, 7/2/2007; (h) #6555, 12/21/2007; (i) #2030, 6/2/2009; (j) 11898, 1/12/2014; (k) #6978, 4/26/2014; (l) #10141, 10/13/2016. (2) All documents relating to any new, renewed or reopened (after 1/1/2023) Internal Affairs/Bureau of Professional Standards investigations or other investigations conducted by the Worcester Police Department or the City of Worcester that relate in any way to the arrest of [Named Person] on January 12, 2014. On March 20, 2023, the City responded indicating it would require an additional 15 business days to fulfill the request. Having not received records within the additional 15 business days, Attorney Koes petitioned this Office and this appeal, SPR23/0759, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a City representative, it is my understanding that the City intends on providing a subsequent response to Attorney Koes which will include responsive records. Accordingly, the City is ordered to provide Attorney Koes with said response, in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of the response must be provided to this office. It is preferable to send an electronic copy of 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

Janice E. Thompson, Esq. SPR23/0759 Page 2 May 1, 2023 this response to this office at pre@sec.state.ma.us. Attorney Koes may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Matthew J. Koes, Esq.