Altin Berxhiku v. Billerica, Town of - Police Department (SPR 20241636)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 13, 2024 SPR24/1636 Sergeant Andrew J. Devito Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku appealing the response of the Billerica 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 May 15, 2024, May 16, 2024, May 20, 2024, May 21, 2024, May 22, 2024, and May 23, 2024, Mr. requested: [1] ... the 911 exchange between [identified individuals][;] [2] ... all emails between [eight identified individuals] from 7/23/2023 through 5/16/2024[;] [3] ... all emails, [an identified individual] sent out and received, between 7/23/2023-01/03/2024[;] [4] ... all emails received and sent out by [ten identified individuals], between 7/23/23-5/16/2024[;] [5] ... a copy of your court discovery documents...[;] [6] ...the initial physical ability test results and the subsequent test results every 4 years for [an identified individual;] [7] What is the current state of [an identified individual]? Why was [an identified individual] recently promoted? What was the basis behind that promotion? I would like you to share all communications between 7/23/23 through today between the Billerica police department and the Middlesex DA, that my name is mentioned on. What is the demographic of your department, do you have one 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 Andrew J. Devito SPR24/1636 Page 2 June 13, 2024 single black police officer, or one foreign born citizen under employment with the Billerica police department? Was [an identified individual] fired/relieved of his duties on 1/3/24 as a scapegoat? Is it true that on or around July 2022 I had sent a cease and desist to [identified individuals] that [an identified individual] was copied on? [8] Can you share with me some of the outlandish claims that I made? [9] Did you have a warrant to come inside my house? … all communications from the moment you left the … Billerica police station till the moment you unlawfully, unconstitutionally broke into my house. [10] On May 16, 2024 Mr. Berxhiku posed a series of questions and statements to the Department concerning a specified event as follows: When you unlawfully broke into my house on 7/23/2023, did you see anything, that would indicate that there was a fight. Did you see blood on my shirt or pants or my body, did you, see blood on my hands, did you see blood on the towels hanging off the oven handle?... Did any of you ... see any signs that would indicate there was a fight? ... did you see any broken glass or plates on the floor? Did you ... see anything that remotely would indicate that there a [sic] fight? When you unlawfully, wrongfully arrested me, why didn’t you let me change into my regular clothes. you ... thought it was appropriate to take me to the ... Billerica police station, in my sleeping clothes, to teach me a lesson, because I am a foreigner? When I asked you to loosen the handcuffs you told me that we’re not that far from the station? [To an identified individual] when did you meet with the now defunct/disgraced [an identified individual] to bring him up to speed with your false charges. Did the ... light up filled with joy when he learned you were filing a false police report against me. Are you ... aware that the false charges, you brought against me were dismissed, for the piece of garbage that they were in a court of law? [To an identified individual] you were recently promoted, was it because of your involvement in this... arrest? Can you offer any proof that support your claim that you were dispatched at 5:53 hours on 07/23/2023? The Department responded on May 29, 2024. Unsatisfied with the responses, Mr. Berxhiku petitioned this office and this appeal, SPR24/1636, was opened as a result. With respect to questions in Items 7 and 10, the Department has no obligation to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). It is my understanding that the Department intends on providing a further response to Mr. Berxhiku. Accordingly, the Department is ordered to provide Mr. Berxhiku with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic

Sergeant Andrew J. Devito SPR24/1636 Page 3 June 13, 2024 copy of the response to this office at pre@sec.state.ma.us. Mr. Berxhiku may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhiku