Jeff Raymond v. Barnstable, Town of - Police Department (SPR 20231841)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 16, 2023 SPR23/1841 Danielle L. Paradis Records/Property Supervisor Barnstable Police Department 1200 Phinney’s Lane Hyannis, MA 02601 Dear Ms. Paradis: I have received the petition of Danielle Paradis on behalf of the Barnstable Police Department (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor, Jeff Raymond. Id. On April 9, 2023, Mr. Raymond requested the following records: [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 used for the information sent to POST between November 2021 and June of 2022 for the earlier-mentioned database. . . . 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

Danielle L. Paradis SPR23/1841 Page 2 August 16, 2023 [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. Prior Appeals This request was the subject of previous appeals. See SPR23/0867 Determination of the Supervisor of Records (May 15, 2023), SPR23/1212 Determinations of the Supervisor of Records (June 22, 2023; July 26, 2023), and SPR23/1568 Determination of the Supervisor of Records (July 20, 2023). In my July 26th determination, I found that the Department did not meet its burden to withhold records responsive to Items 1, 2 and 5. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id.

Danielle L. Paradis SPR23/1841 Page 3 August 16, 2023 The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition dated August 8, 2023, the Department seeks an extension of time of 15 business days to produce records. In support of its petition, the Department states that “[the Department] received correspondence from [the Public Records Division] concerning a request for reconsideration… [the Department] believe[s] the letter from the Massachusetts Peace Officer Standards and Training Commission relied upon in this reconsideration is an ‘unapproved draft’ letter for ‘discussion purposes’. Additional time is required to meet with and obtain legal advice on how the letter relates to the documents request in items, 1, 2 and 5 of Mr. Raymond’s request.” I find that in light of the capacity of the Department to produce the request without the extension, as well as efforts undertaken by the Department in fulfilling the current request, the Department has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Department an extension of 15 business days to furnish copies of records responsive to Mr. Raymond’s request. See G. L. c. 66, § 10(c). Conclusion I find the Department has established good cause to permit an extension of time of 15 business days as discussed above. Please note, Mr. Raymond has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, § 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Jeff Raymond