Keith Jensen v. Municipal Police Training Committee (SPR 20232373)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 20, 2023 SPR23/2373 Charmagne Pearson Records Division Municipal Police Training Committee 42 Thomas Patten Drive Randolph, MA 02368 Dear Charmagne Pearson: I have received the petition of Keith Jensen appealing the response of the Municipal Police Training Committee (Committee/MPTC) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 10, 2023, Mr. Jensen requested “the instructor assignments / schedule for all MPTC training and instruction activities for the calendar year of 2022 and 2023.” Previous Appeal This request was the subject of a previous appeal. See SPR23/2177 Determination of the Supervisor of Records (September 27, 2023). In my September 27th determination, I ordered the Committee to clarify whether is possesses records responsive to Mr. Jensen’s request. Subsequently, the Committee responded on October 4, 2023, indicating that it does not possess responsive records. Unsatisfied with the Committee’s response, and contending that the Committee possesses additional responsive records, Mr. Jensen further appealed, and this case 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 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

Charmagne Pearson SPR23/2373 Page 2 October 20, 2023 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. The Committee’s October 4th Response In its October 4, 2023 response, the Committee provides a course catalog and a record of MPTC-certified instructors and explains that these are “the records [the Committee] possess[es] which most closely match the requested information.” Additionally, the Committee explains the following: [I]nstructors are not employees of the MPTC. Instructors hold instructor certifications which grant them eligibility to teach MPTC courses, but instructors are not required (nor assigned) to teach by the MPTC. Further, [MPTC] records of completed courses do not contain the name of the instructor, so [MPTC is] also unable to obtain the requested information retroactively. Please note that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). However, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In a telephone conversation with this office on October 16, 2023, a representative for the Committee confirmed that the Committee does not possess additional records responsive to Mr. Jensen’s request. Specifically, training facilities and academies are independent from the Committee, and it does not maintain data on what classes instructors teach. Conclusion Where the Committee confirmed that it does not possess additional records responsive to Mr. Jensen’s request, I will now consider this administrative appeal closed.

Charmagne Pearson SPR23/2373 Page 3 October 20, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Keith Jensen