Steven L. Smith v. Cape & Islands District Attorney's Office (SPR 20232217)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 29, 2023 SPR23/2217 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 response 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 the following records concerning the misconduct of an identified Provincetown Police Department employee: [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. 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. SPR23/2217 Page 2 September 29, 2023 Prior Appeal The requested records were the subject of a prior appeal. See SPR23/1886 Determination of the Supervisor of Records (August 25, 2023). In my August 25th determination, I ordered the Office to provide Mr. Smith with a response to his request. On August 21, 2023, the Office responded and provided responsive records for Item 1 of the request. The Office indicated that it did not have any responsive records for Items 3, 5, and 6. The Office further withheld records responsive to Items 2, 4, 7, 8, 9, and 10 pursuant to Exemptions (a), (c), and (f) of the Public Records Law. G. L. c. 4, § 7(26) (a), (c), (f). Unsatisfied with the Office’s response regarding Items 4, 8, 9, and 10, Mr. Smith petitioned this office and this appeal, SPR23/2217, was opened as a result. It is my understanding that the Office intends on providing a subsequent response to Mr. Smith. Accordingly, the Office is ordered to provide Mr. Smith with said response, in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Smith may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Steven L. Smith