Colman Herman v. Cambridge, City of - Office of the City Solicitor (SPR 20240025)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 18, 2024 SPR24/0025 Seah Levy Public Records Access Officer City of Cambridge Office of the City Solicitor 795 Massachusetts Avenue Cambridge, MA 02139 Dear Ms. Levy: I have received the petition of Colman Herman appealing the response of the City of Cambridge (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 26, 2023, Mr. Herman requested the following records: [A]ny and all documents related to the physical and mental requirements for the following. 1) Becoming a Cambridge police officer 2) Cambridge police officers on the job The City responded on January 3, 2024, providing responsive records. Unsatisfied with the City’s response, Mr. Herman 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 order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 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). To meet the specificity requirement a custodian 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

Seah Levy SPR24/0025 Page 2 January 18, 2024 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 City’s January 3rd Response In its January 3, 2024 response, the City provides hyperlinks to two websites which include numerous records responsive to Part 1 of the request. Regarding Part 2 of the request, the City provides copies of “two contracts with the Cambridge Police Patrol Officers Association and the Cambridge Police Superior Officers Association,” along with a copy of “Officer- Involved Shooting Guidelines as ratified by the IACP Police Psychological Services in 2018,” and hyperlinks to two additional websites containing further responsive records. Current Appeal In his appeal petition, Mr. Herman contends that the City’s response, specifically the response to Part 2 of the request, “amounts to hundreds and hundreds of pages with absolutely no indication from the City of Cambridge where [he] might find what [he is] seeking — it is what some might call a ‘document dump.’” And he asks that this office “order the City of Cambridge to properly respond to [his] public records request.” Conclusion Please note that, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Herman in his appeal petition, I am unable to issue a determination at this time. Accordingly, I will consider this administrative appeal closed. If Mr. Herman is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman