Jeff Raymond v. Peace Officer Standards and Training Commission (SPR 20232789)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 30, 2023 SPR23/2789 Kerri L. Johnson Records Officer Peace Officer Standards and Training Commission 100 Cambridge Street Boston, MA 02114 Dear Ms. Johnson: I have received the petition of Jeff Raymond appealing the response of the Peace Officer Standards and Training Commission (Commission) to his request for public records. G. L. c. 66, §10A; see also 950 C.M.R. 32.08(1). On June 5, 2023, Mr. Raymond requested the following records: [1.] Copies of any responsive communications sent or received by people employed by or acting on behalf of the POST Commission between the dates of March 1, 2022 and July 1, 2022 with senders or recipients containing an email address that ends in @masschiefs.org, broadly construed. This should include, but not be limited to, emails where the recipient with a masschiefs.org email address is listed under ‘cc:’ [2.] Copies of any responsive communications sent or received by people employed by or acting on behalf of the POST Commission between the dates of March 1, 2022 and July 1, 2022 with the [identified] senders or [identified] recipients listed in the bullets below, broadly construed. [3.] A copy of the Powerpoint presentation shown by [an identified individual] at the abovementioned Zoom meeting, with the name ‘MACOPA Presentation May 5, 2022’ on the cover page. The file name may be “MACOPA Recertification Presentation May 5 2022.pptx” [4.] A list of attendees from the POST Commission to the abovementioned meeting. [5.] A list of any receipts or expenditures from the POST Commission involving MCOPA in 2022 and 2023. The Commission responded on July 21, 2023 and August 14, 2023. Unsatisfied with the responses, Mr. Raymond petitioned this office and this appeal, SPR23/2789, was opened as a 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 SPR23/2789 Page 2 November 30, 2023 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 order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. V. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Current Petition In his appeal dated November 15, 2023, Mr. Raymond petitioned this office to appeal the August 14, 2023 response from the Commission. The Public Records Access Regulations, which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety (90) calendar days of the date of the request letter, or within ninety (90) calendar days of the date of a written response from the record custodian. See 950 C.M.R. 32.08(1)(c); 950 C.M.R. 32.08(1)(d). The petition is requesting the appeal of the Commission’s August 14, 2023 response, which exceeds the ninety (90) day limit. Mr. Raymond may make a new request to the Commission for the same information. The Commission would then have ten business days in which to respond to the new request. G. L. c. 66, § l0(a)-(b). If the Commission denies the request or fails to respond within ten business days, Mr. Raymond may appeal to this office within the above timeframe. At that time this office will review the matter. Sincerely, Manza Arthur Supervisor of Records cc: Jeff Raymond