Jeff Raymond v. Mattapoisett, Town of - Police Department (SPR 20232585)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 9, 2023 SPR23/2585 Chief Jason A. King Mattapoisett Police Department 64 County Road Mattapoisett, MA 02739 Dear Chief King: I have received the petition of Jeff Raymond, of the Bramanville Tribune, appealing the response of the Mattapoisett Police Department (Department) 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…. [5.] A copy of the document your police department sent to the POST 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

Chief Jason A. King SPR23/2585 Page 2 November 9, 2023 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 This request was the subject of prior appeals. See SPR23/1283 Determination of the Supervisor of Records (June 27, 2023); SPR23/1662 Determination of the Supervisor of Records (August 2, 2023); SPR23/1900 Determination of the Supervisor of Records (August 29, 2023) and SPR23/2174 Determination of the Supervisor of Records (September 22, 2023). In my September 22nd determination, I found that the Department did not meet its burden to redact the records under Exemption (c). The Department responded on October 10, 2023. Unsatisfied with the response, Mr. Raymond petitioned this office and this appeal, SPR23/2585 was opened as a result. The Department’s October 10th Response In its October 10, 2023 response, the Department cited Exemption (c) of the Public Records Law to redact the charts. In its response, the Department states: [The Department] submits that it has adequately explained the reasons for its invocation of Exemption (c) (G.L. c. 4, §7(26)(c)) of the Public Records Law to support the limited redactions made to the provided records prepared in 2021, particularly given that none of its officers are included in the publicly available database released by POST based on its criteria to police departments in 2023. [The Department] further submits that any further appeals to the Supervisor should be declined as the records submitted by the Mattapoisett Police Department to POST that were already provided to the requester are part of the POST Commission’s ongoing administrative review at this time[.] 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:

Chief Jason A. King SPR23/2585 Page 3 November 9, 2023 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