Katherine Stathulis, Esq. v. Harvard, Town of - Police Department (SPR 20240575)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 4, 2024 SPR24/0575 Chief James Babu Harvard Police Department 40 Ayer Road Harvard, MA 01451 Dear Chief Babu: I have received the petition of Attorney Katherine Stathulis, of the Center for Public Interest, Advocacy, and Collaboration, appealing the nonresponse of the Harvard Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 11, 2024, Attorney Stathulis requested the following records: [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 police reports and school incident reports on each school-related arrest conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced)[;] [3.] Please provide with an unduplicated count of arrested students for each school year including 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced)[;] [4.] If such an extract of the database in question 1 is not possible, please provide police reports and school incident reports on 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, per the U.S Department of Education’s Civil Rights Data Collection for that year. For each referral to law enforcement, please include the school, demographic, and incident information described in DESE’s School Safety and Discipline Report Data Handbook V. 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 James Babu SPR24/0575 Page 2 March 4, 2024 20.0[;] [5.] Please also provide an unduplicated counts of referrals to law enforcement (as defined above) for each school year including the 2018-2019, 2019-2020, 2020 2021, and 2021-2022 school year (up until the day the records are produced)[;] [6.] A copy of any active memorandum of agreement and/or standard operating procedures between your police department and local school districts regarding police placement or activity in schools. [7.] 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[;] [8.] Any records instructing or informing police personnel of, or otherwise describing, data reporting requirements and procedures for complying with M. G. L.c. 71 § 37P(b). Claiming to not yet have received responsive records, Attorney Stathulis petitioned this office and this appeal, SPR24/0575, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Stathulis with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Stathulis may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Katherine Stathulis, Esq.