Steven L. Smith v. Cape & Islands District Attorney's Office (SPR 20231886)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 25, 2023 SPR23/1886 Russ Eonas, Esq. Assistant District Attorney Cape and Islands District Attorney’s Office 3231 Main Street P. O. Box 455 Barnstable, MA 02630 Dear Attorney Eonas: I have received the petition of Steven L. Smith, appealing the nonresponse of the Cape and Islands District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 13, 2023, Mr. Smith requested various records concerning the misconduct of an identified Provincetown Police Department employee, including: [1.] A list of all police officers on the . . . Brady lists. [2.] … any and all records that involve [an identified individual] of the Provincetown Police Department being investigated for any kind…of misconduct. [3.] … any records as to the reason [an identified individual] chose to retire on July 2, 2023. [4.] … records of any type of official charging document, subpoena, or instrument that demands her appearance. [5.] … any records that involve her appearance or need to appear before the Mass. Peace Officers Standard and Training Commission (P.O.S.T). [6.] I would like to know if she was certified or decertified by P.O.S.T. [7.] … any complaint made against her by other citizens that she has arrested or been involved with in her role as a Peace Officer. [8.] I would like to know what other criminal cases has she testified for the prosecution ... [9.] … any and all investigation reports, civilian complaints against [an identified individual]. [10] … any and all records involving [an identified detective’s] misconduct. Claiming to not yet have received responsive records, Mr. Smith petitioned this office and this appeal, SPR23/1886, was opened as a result. 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

Russ Eonas, Esq. SPR23/1886 Page 2 August 25, 2023 Despite being notified of the opening of this appeal, it remains unclear whether the Office has provided a response. Accordingly, the Office is ordered to provide Mr. Smith with a response to his 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. Mr. Smith may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Steven L. Smith