MuckRock News v. Chelmsford, Town of - Police Department (SPR 20241962)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 12, 2024 SPR24/1962 Alexandra Hayden Records Clerk Chelmsford Police Department 2 Old North Road Chelmsford, MA 01824 Dear Ms. Hayden: On July 9, 2024, this office received your petition on behalf of the Chelmsford Police (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Samuel Sinyangwe, of Muckrock News. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 1, 2024, Mr. Sinyangwe requested the following records: [1] [T]he total number of police use of force incidents reported from 2017-2022, separated by year[;] [2] [T]he total number of police use of force incidents, separated by type of force and year, from 2017-2022 (for example, information that specifies the number of taser incidents in 2022, baton incidents in 2022, taser incidents in 2021, baton incidents in 2021, etc.)[;] [3] [T]he total number of civilian complaints against law enforcement that were reported and the total number sustained from 2017-2022, separated by year[;] [4] [T]he total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017- 2022, separated by year[;] [5] [T]he total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2017-2022, separated by year[;] 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

Alexandra Hayden SPR24/1962 Page 2 July 12, 2024 [6] [T]he total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017-2022, separated by year [;] [7] [T]he total number of officer-involved shootings from 2017-2022, both fatal and non-fatal, separated by year[;] [8] [T]he total number of people who police used force against in 2022, broken down by race/ethnicity[.] Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition, the Department requests “an additional twelve (12) business days to complete [your] request” and provides the following information in support of its request:

Alexandra Hayden SPR24/1962 Page 3 July 12, 2024 [A]s there are various records included in this request that must be searched, compiled, segregated, and redacted to fulfill the request (see attached), a time extension is being requested. … Exemption (C): applies as the content contained in the request is exempt information from being a public record or the law prohibits the information being released to the public (i.e. personal phone numbers, emails, addresses of requestor, officers and complainants). This information would directly violate exemption C based on privacy thus being redacted, while we recognize exemption C does not apply to police misconduct. Muck Rock is requesting various records to include Civilian complaints which includes complainant information such as Email, DOB, Phone number, etc. which if released would violate the privacy portion of exemption C. Muck Rock also requests any Use of force incidents which could include any medical aid rendered, injuries, etc. to both civilian and employee if released would violate the medical privacy aspect of exemption C. … Exemption (F): Exemption applies as it allows the Chelmsford Police Department to withhold materials that could compromise investigative efforts if disclosed. As well as a duty to protect the identity of any witness, victim, or complainant. The information in this request is complex in nature and will need to be carefully reviewed and approved before dissemination to ensure it does not compromise investigative efforts and is not related to any open cases or investigations. While keeping confidentiality of any victim, witness, or complainant as their safety is paramount. Thus, any demographic information of a of [sic] such person(s) (i.e. name, CORI, citations issued, personal identifies [sic] such as name, DOB, etc.) could deter any future person(s) from reporting or divulging information in relation to a crime, police matters, medicals, civilian complaints, etc. In light of the need to collect, segregate and examine the records, as well as the capacity of the Department to produce the records without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 12 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 12 business days. Please note, Mr. Sinyangwe has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c).

Alexandra Hayden SPR24/1962 Page 4 July 12, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Samuel Sinyangwe