Jeff Raymond v. Essex, Town of - Police Department (SPR 20231163)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 14, 2023 SPR23/1163 Paul D. Francis Chief of Police Essex Police Department 11 John Wise Avenue Essex, MA 01929 Dear Chief Francis: I have received the petition of Jeff Raymond, of the Bramanville Tribune, appealing the response of the Essex Police Department (Department) to his request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 26, 2023, Mr. Raymond requested the following: [1] Copies of any responsive communications sent or received between January 1, 2023 through the present day by municipal employees and/or officers and/or employees of the police department to or from [a named individual] (. . . and other similar permutations) and/or from “MCOPA General Counsel,” broadly construed. This should include both newsletter and mailing list communications (sometimes designated via “Constant Contact” or similar mailing list programs) and outreach specific to your municipality and department . . . [2] Copies of any responsive communications sent or received between January 1, 2023 through the present day by municipal employees and/or officers and/or employees of the police department to or from legal@masschiefs.org. This should include both newsletter and mailing list communications (sometimes designated via “Constant Contact” or similar mailing list programs) and outreach specific to your municipality and department, and may be the same records as in the previous bullet. [3] Copies of any responsive communications sent or received between January 1, 2023 through the present day by municipal employees and/or officers and/or employees of the police department to or from info@masschiefs.org[.] 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

Chief Paul D. Francis SPR23/1163 Page 2 June 14, 2023 On May 8, 2023, the Department responded and indicated that they were withholding responsive records pursuant to the attorney-client privilege. Unsatisfied with the Department’s response, Mr. Raymond petitioned this office and this appeal, SPR23/1163, was opened as a result. It is my understanding that the Department intends on providing a further response to Mr. Raymond. Accordingly, the Department is ordered to provide Mr. Raymond with said response in a manner consistent with the Public Records Law and its Regulations within 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. Mr. Raymond may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jeff Raymond