Jeff Raymond v. Peace Officer Standards and Training Commission (SPR 20232510)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 6, 2023 SPR23/2510 Kerri L. Johnson Records Access Officer Peace Officer Standards and Training Commission 100 Cambridge Street Boston, MA 02114 Dear Ms. Johnson: I have received the petition of Jeff Raymond, of the Bramanville Tribune, appealing the response of the Peace Officer Standards and Training Commission (Commission) to a request for public records. See G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On August 10, 2023, Mr. Raymond requested the following records: [1.] Any data submitted to the POST Commission regarding or related to the ‘complaints against police officers’ or ‘Disciplinary Records Database’ by police departments and/or other policing organizations and/or their agents through this portal, broadly construed. [2.] A list which includes police departments and/or other policing organizations, Their contacts/agents, and/or other individuals who have signed up for the portal, broadly construed, between the dates of the launch of the portal and 10 August 2023 as detailed below. On August 11, 2023, Mr. Raymond supplemented his request for the following records: [3.] A list of all fields and/or headers or similar objects that label information submitted to POST that would be included in such a database. If a complete accounting of such fields/headers are supplied as part of the export for the first bulleted request, that would be responsive to my request. The Commission responded on August 25, 2023 and September 12, 2023. Unsatisfied with the Commission’s responses, Mr. Raymond petitioned this office and this appeal, SPR23/2510, 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

Kerri L. Johnson SPR23/2510 Page 2 November 6, 2023 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 Commission’s August 25th and September 12th Responses In the Commission’s August 25, 2023 response, the Commission advised, “I am working on your responses. I had to reach out to the IT department for their input regarding your requests. I will be in touch soon.” In the Commission’s September 12, 2023 response, the Commission stated, Regarding the first and supplement part of your request the Commission has no records responsive to your request. The information submitted through the portal [is] exclusively related to the re-certification process. With regard to your request for ‘[a] list which includes police departments and/or other policing organizations, their contacts/agents, and/or other individuals who have signed up for the portal, broadly construed, between the dates of the launch of the portal and 10 August 2023’” please see the attached excel document as the Commission’s response. Current appeal In his appeal, Mr. Raymond states, “[a]s my request was for a list of ‘police departments and/or other policing organizations, their contacts/agents, and/or other individuals who have signed up for the portal,’ one would anticipate a document that not only lists agencies, but the individuals who signed up within each law enforcement agency and the account in which they

Kerri L. Johnson SPR23/2510 Page 3 November 6, 2023 signed up. Instead, I received what appears to be an anonymized output containing more than 800 line items that fails to provide the information requested.” Mr. Raymond further asserts with regard to Fields and/or Headers for Database Information: “[t]he POST Commission provides no records for this information at all ... if the information is not yet available, the POST Commission does not provide such a claim in their response. If the information exists but is being withheld, that is not clear, nor has any exemption been cited.” Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. With respect to Mr. Raymond’s records request, these requested records are the subject of a dispute in active litigation. See Eric Mack v. Office of the District Attorney of the Bristol District No. SJC-13468. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Jeff Raymond