Meghan Leong v. Shelburne, Town of - Police Department (SPR 20240367)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 12, 2024 SPR24/0367 Gregory D. Bardwell Chief of Police Shelburne Police Department 623 Mohawk Trail Shelburne, MA 01370 Dear Chief Bardwell: On February 5, 2024, this office received your petition on behalf of the Shelburne Police Department (Department) seeking permission to charge for time spent segregating or redacting responsive records, and a waiver of statutory limits on fees that may be assessed in responding to the request. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). On January 11, 2024, Meghan Leong requested the following: [1.] An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced) . . .[;] [2.] If such an extract of the database in question 1 is not possible, please provide school incident reports on each school-related arrest and referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021- 2022 school year (up until the day the records are produced)[;] [3.] A copy of any active standard operating procedures developed with the police department and/or other law enforcement agencies regarding police placement or activity in your corresponding school[;] [4.] Any records instructing or informing police personnel of, or otherwise describing data reporting requirements and procedures for complying with G.L. c. 71 § 37P(b)[;] [5.] The cost to the school district of assigning a school resource officer to each school[;] [6.] The total number of school resource officers and total number of guidance counselors for each school in your district for school years 2018-2019, 2019- 2020, 2020-2021[;] 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 Gregory D. Bardwell SPR24/0367 Page 2 February 12, 2024 [7.] The total number and a brief description of 911 calls from schools in your district to local police departments conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021- 2022[;] [8.] A description of the proposed budget for mental, social, or emotional health support personnel for the school district. Previous Appeal This request was the subject of a previous appeal. See SPR24/0345 Determination of the Supervisor of Records (February 8, 2024). In my February 8th determination, I closed SPR24/0345 in light of the Department providing a response on February 5, 2024. The Department’s February 5th response included the current petition. Current Petition As required by law, the Department must furnish a copy of this petition to the requester. See G. L. c. 66, § 10(c) (“the records access officer shall, upon submitting the petition to the supervisor of records, furnish a copy of the petition to the requestor”). Based on the documents provided in its petition, the Department has not demonstrated that it complied with this requirement of G. L. c. 66, § 10(c). Additionally, the Department submitted its petition on February 5, 2024, more than ten business days after receipt of the request. In light of the fact the Department has not demonstrated it submitted a timely petition, permission to charge for time spent segregating or redacting responsive records cannot be granted. 950 C.M.R. 32.06(4)(g). Sincerely, Manza Arthur Supervisor of Records cc: Meghan Leong