Jeff Raymond v. Massachusetts Bay Transportation Authority (SPR 20232202)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 27, 2023 SPR23/2202 Christopher Smith, Esq. Senior Lead Counsel, Corporate & Ethics Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Smith: I have received the petition of Jeff Raymond, of the Bramanville Tribune, appealing the response of the Massachusetts Bay Transportation Authority (MBTA) to his 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

Christopher Smith, Esq. SPR23/2202 Page 2 September 27, 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 The requested records were the subject of prior appeals. See SPR23/1292 Determination of the Supervisor of Records (June 28, 2023) and SPR23/1754 Determination of the Supervisor of Records (August 14, 2023). The MBTA responded on August 31, 2023. Unsatisfied with the response, Mr. Raymond petitioned this office and this appeal, SPR23/2202, was opened as a result. Subsequently, I learned that the MBTA provided a further response to Mr. Raymond on September 26, 2023. Where this appeal was opened as a result of the MBTA’s August 31st response, I will now consider this administrative appeal closed. Mr. Raymond may appeal the substantive nature of the MBTA’s September 26th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jeff Raymond