Jeff Raymond v. Revere, City of - Police Department (SPR 20231996)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 7, 2023 SPR23/1996 Captain Michelle Mangino Records Access Officer Revere Police Department 400 Revere Beach Parkway Revere, MA 02769 Dear Captain Mangino: I have received the petition of Jeff Raymond, of the Bramanville Tribune, appealing the response of the Revere Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 16, 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

Captain Michelle Mangino SPR23/1996 Page 2 September 7, 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. Previous Appeals This request was the subject of previous appeals. See SPR23/1388 Determination of the Supervisor of Records (July 6, 2023) and SPR23/1722 Determination of the Supervisor of Records (August 9, 2023). In my August 9th determination, I ordered the Department to provide Mr. Raymond with a response to his request. On August 23, 2023, the Department responded. Unsatisfied with the Department’s response, Mr. Raymond petitioned this office and this appeal, SPR23/1996, 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. The Department’s August 23rd Response In its August 23, 2023 response, the Department states: Please see below response to items #4 and #5

Captain Michelle Mangino SPR23/1996 Page 3 September 7, 2023 [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. RESPONSE: Please see attached document for complaints against police officers in the calendar year 2022. The names of the complainants have been redacted. For complaints against police officers 1/1/23 to 3/31/23, the Revere Police Department does not have any documents responsive this request. [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” found at https://www.mass.gov/info- details/disciplinary-record-resubmission RESPONSE: Please click on the below link which contains the Revere Police Department’s data submitted to POST in order to comply with the “2023 POST Commission Disciplinary Records Resubmission https://www.mass.gov/doc/disciplinary-records-by-law-enforcement- agency/download Note: the department is currently working on a response to item # 1[.] In a further response dated August 23, 2023, the Department stated, “[t]he information you requested in # 5 has been made available on a public website. You have been provided the link to access the information.” Current Appeal In his appeal, Mr. Raymond argues: On 23 August 2023, [the Department] provided a partial response of four complaints from 2022 and pointed me to a website by the POST Commission. As I requested documents created, produced, and distributed by Revere and it’s PD and not records published by the POST Commission, I issue this appeal. Based on the Department’s response, in conjunction with Mr. Raymond’s appeal, it is unclear if the Department possesses additional records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that records exist, I find the Department must provide them in a manner

Captain Michelle Mangino SPR23/1996 Page 4 September 7, 2023 consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). 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. Mr. Raymond may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jeff Raymond