Jeff Raymond v. Bridgewater, Town of - Police Department (SPR 20231664)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 2, 2023 SPR23/1664 Meredith Roselli Office Administrator Bridgewater Police Department 220 Pleasant Street Bridgewater, MA 02324 Dear Ms. Roselli: I have received the petition of Jeff Raymond, of the Bramanville Tribune, appealing the response of the Bridgewater 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 9, 2023, Mr. Raymond requested “any responsive documents and/or communications concerning your municipality’s police department and its compliance with the Massachusetts Peace Officer Standards and Training (POST) Commission’s duties under Chapter 253 of the Acts of 2020 to create a ‘database listing complaints against police officers,’ as detailed below.” Specifically, Mr. Raymond requested: [1.] A copy of the document your police department sent to the POST Commission, likely sent between November 2021 and June of 2022, providing the information requested by the POST Commission for its “database listing complaints against police officers” planned for May of 2022…. [2.] Copies of any relevant responsive communications between a) your police department and/or your town officials and b) the POST Commission in regard to the database planned for May of 2022 as detailed above and/or compliance with the reporting for said database between the dates of July 1, 2021 and December 31, 2022, broadly construed…. [3.] Copies of any relevant responsive communications within or between a) your police department and b) your municipal administration in regard to this database and/or compliance with this mandate between the dates of July 1, 2021 and December 31, 2022, broadly construed…. [4.] Information concerning “complaints against police officers” issued in the calendar year 2022 and through March 31, 2023, preferably in the same format 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

Meredith Roselli SPR23/1664 Page 2 August 2, 2023 used for the information sent to POST between November 2021 and June of 2022 for the earlier-mentioned database…. [5.] A copy of the document your police department sent to the POST Commission as sent to the POST Commission, likely sent between December 1, 2022 and April 9, 2023, to comply with the “2023 POST Commission Disciplinary Records Resubmission”…. [6.] Copies of any relevant responsive communications within or between a) your police department and b) your municipal administration in regard to this database and/or compliance with the “2023 POST Commission Disciplinary Records Resubmission” described above. Previous Appeals This request was the subject of previous appeals. See SPR23/1066 Determination of the Supervisor of Records (June 2, 2023) and SPR23/1487 Determination of the Supervisor of Records (July 13, 2023). In my July 13th determination, I ordered the Department to provide Mr. Raymond with a response to his request. On July 19, 2023, the Department responded. Unsatisfied with the Department’s response, Mr. Raymond petitioned this office and this appeal, SPR23/1664, 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records.

Meredith Roselli SPR23/1664 Page 3 August 2, 2023 The Department’s July 19th Response In its July 19, 2023 response, the Department states: The records requested and at issue here relate to communications between the Bridgewater Police Department and the Massachusetts Peace Officer Standards and Training Commission (POST) regarding departmental discipline, specifically “complaints against police officers”. At the time of our initial communication with POST (approximately September, 2021), all disciplinary records related to complaints against officers were submitted to POST as required and in the format they requested. However, in the months following, POST revised [its] standard for reporting “complaints” and limited its request to more serious offenses only. In the instant case, the complaint data sought by Mr. Raymond were violations of department procedures or complaints that were unfounded. Mr. Raymond was provided with all other documentation requested except for the spreadsheet listing specific officers and allegations. See Hovsepian, Scott et al. v. Massachusetts Peace Officer Standards and Training Commission (Suffolk Superior Court Docket No. 2284CV00906). See also 950 C.M.R. 32.08(2)(b) relating to pending litigation matters. In fact, POST itself has not publicized these records in light of the pending litigation and its own subsequent administrative review. See SPR23/1080 (June 6, 2023) and SPR23/1208 (June 21, 2023). We recognize and appreciate the important public interest served by the production of certain governmental records and have complied substantially with this particular request. However, releasing this last record prematurely will cause unfair harm to individual officers’ reputations even if their alleged misconduct was not significant, not repeated, or not substantiated particularly when litigation remains. Once the issues have been resolved and there is no longer a case in controversy and not otherwise exempted from disclosure, the remaining document will be provided to Mr. Raymond and the purpose for seeking this information will not be harmed. Pending Litigation 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.

Meredith Roselli SPR23/1664 Page 4 August 2, 2023 Under the Public Records Law, the burden shall be upon the records custodian to identify records being withheld and prove with specificity an exemption which applies. G. L. c. 66, § 10 (b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ...”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. Consequently, I find the Department did not meet its burden of specificity in responding to the records request. Conclusion Accordingly, the Department is ordered to provide Mr. Raymond with a response to the request, provided 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, Manza Arthur Supervisor of Records cc: Jeff Raymond