Kristin Kotewicz v. Malden, City of - Police Department (SPR 20242370)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 5, 2024 SPR24/2370 Lieutenant Scott Carrol Records Access Officer Malden Police Department 800 Eastern Avenue Malden, MA 02148 Dear Lieutenant Carrol: I have received the petition of Kristin Kotewicz appealing the response of the Malden 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 July 17, 2024, Ms. Kotewicz requested “copies of all BWC from the following incidents: as well as any accidental recordings associated with the residential section of ... Summer St, or the commercial section of the basement of the building at the same address,” and she provided a list of approximately 17 incidents with her request. The Department responded on July 29, 2024, providing numerous records, including some in redacted form, and claiming that the records were redacted pursuant to Exemptions (a), (c), and (o) of the Public Records Law. See G. L. c. 4, § 7(26)(a), (c), (o). The Department also indicated that it did not possess records responsive to some incidents, and stated that it was withholding other records pursuant to Exemption (f) of the Public Records Law. See G. L. c. 4, § 7(26)(f). Unsatisfied with the Department’s response, Ms. Kotewicz petitioned this office, and this appeal, SPR24/2370, was opened as a result. Subsequent to the opening of this appeal, I learned that the Department intends to provide a supplemental response to Ms. Kotewicz. In an email from the Department to Ms. Kotewicz on August 22, 2024, and forwarded to this office on August 23, 2024, the Department states that it “will review the BWC footage related to items numbered 2 through 10 from [the] original request for any necessary redaction and provide [Ms. Kotewicz] with the footage within 10 business days.” 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, Ms. Kotewicz may appeal the substantive nature of the Department’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

Lieutenant Scott Carrol SPR24/2370 Page 2 September 5, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Kristin Kotewicz