Larry Smith v. Lawrence, City of - Office of the City Clerk (SPR 20241523)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 29, 2024 SPR24/1521; SPR24/1522; SPR24/1523 SPR24/1524; SPR24/1525 Eileen O’Connor Bernal City Clerk City of Lawrence 200 Common Street, Room 107 Lawrence, MA 01840 Dear Ms. O’Connor Bernal: I have received the petition of Larry Smith, appealing the nonresponse of the City of Lawrence (City) to five requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In separate requests, on April 23, 2024, Mr. Smith requested the following records: SPR24/1521 [1.] A copy of [an identified individual’s] investigative report and exhibits used by APD Management . . . dated March 13, 2023, regarding “Failure to Notify” as it relates to the Lawrence Housing Authority property located at … Elm Street, Lawrence[;] [2.] Copy of any Brady letter, District Attorney notification, POST notification, or discipline administered[;] [3.] All documents regarding disciplinary actions for any sustained allegation[.] SPR24/1522 [1.] A copy of [an identified individual’s] investigative report and exhibits used by APD Management . . . dated March 13, 2023, regarding “Letter of Concern from Lawrence Police Superior Officer’s Association dated January 23, 2023.” [2.] [A] copy of any Brady Letter, District Attorney notification, POST notification, or discipline administered[;] 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

Eileen O’Connor Bernal SPR24/1521; SPR24/1522; SPR24/1523 Page 2 SPR24/1524; SPR24/1524 May 29, 2024 [3.] All documents regarding disciplinary actions for any sustained allegation[.] SPR24/1523 [1.] A copy of [an identified individual’s] investigative report and exhibits used by APD Management . . . dated June 8, 2023, regarding “[an identified individual]: Conflict of Interest.” [2.] Copy of any Brady letter, District Attorney notification, POST notification, or discipline administered[;] [3.] All documents regarding disciplinary actions for any sustained allegation[.] SPR24/1424 [1.] A copy of [an identified individual’s] investigative report and exhibits used by APD Management . . . dated June 8, 2023, regarding “[an identified individual]: Vote of No Confidence.” [2.] Copy of any Brady letter, District Attorney notification, POST notification, or discipline administered [;] [3.] All documents regarding disciplinary actions for any sustained allegation[.] SPR24/1525 [1.] A copy of [an identified individual’s] investigative report and exhibits used by APD Management . . . dated June 8, 2023, regarding “[an identified individual]: Failure to Investigate.” [2.] Copy of any Brady letter, District Attorney notification, POST notification, or discipline administered. [3.] All documents regarding disciplinary actions for any sustained allegation. Claiming to not yet have received responsive records, Mr. Smith petitioned this office and these appeals, SPR24/1521; SPR24/1522; SPR24/1523; SPR24/1524; and SPR24/1525, were opened as a result. Subsequently, I learned that a representative from the City intends on providing a written response to Mr. Smith. Accordingly, the City is ordered to provide Mr. Smith with said response in accordance with the Public Records Law, its Regulations and this order within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Smith may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1).

Eileen O’Connor Bernal SPR24/1521; SPR24/1522; SPR24/1523 Page 2 SPR24/1524; SPR24/1524 May 29, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Larry Smith