Ben Berke v. Fall River, City of - Police Department (SPR 20240656)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 15, 2024 SPR24/0656 Sergeant Moses Pereira Office of Professional Standards Fall River Police Department 685 Pleasant Street Fall River, MA 02721 Dear Sergeant Pereira: I have received the petition of Ben Berke, of 89.3 FM, appealing the response of the Fall River 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 February 6, 2024, Mr. Berke requested the following: [1.] All Personnel Early Warning System Reviews for [a named individual] [2.] Any reports filed by [two named] Officers . . . regarding the arrest of [another individual] on 12/21/20 or the subsequent altercation between [two individuals] that occurred during the booking process. The Department responded on February 16, 2024, citing Exemptions (c) and (f) of the Public Records Law for withholding responsive records. See G. L. c. 4, § 7(26)(c), (f). Unsatisfied with the Department’s response, Mr. Berke appealed, and this case was opened as a result. Subsequent to the opening of this appeal, based on a telephone conversation between this office and an attorney for the City of Fall River (City) on March 13, 2024, I understand that the (City) intends to provide a supplemental response to Mr. Berke. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten 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. If issues remain unresolved, Mr. Berke may appeal the substantive nature of the City’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). 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

Sergeant Moses Pereira SPR24/0656 Page 2 March 15, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Ben Berke Alan Rumsey, Esq.