Karen Crum v. Peace Officer Standards and Training Commission (SPR 20243044)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 15, 2024 SPR24/3044 Kerri L. Johnson Records Access Officer Peace Officer Standards and Training Commission 100 Cambridge Street Boston, MA 02114 Dear Ms. Johnson: I have received the petition of Karen Crum appealing the response of the Peace Officer Standards & Training Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 18, 2024, Ms. Crum requested the following records from “the date of inception of the POST Commission . . . through to [September 18, 2024]”: All POST Commission (“POST”) certification information and Division of Police Standards records pertaining to the August 30, 2024 hearing (the “Hearing”) before the Single Commissioner . . . regarding [an identified individual’s] appeal of the POST Commission’s August 15, 2024 suspension of [an identified individual’s] POST certification. These records shall include, but not be limited to: [1] [T]he August 15, 2024 records of suspension (those pertaining to the suspension that was at issue during the . . . Hearing); [2] [T]he Single Commissioner’s September 6, 2024 Order resulting from that August 30thHearing [sic][;] [3] [T]hat Hearing’s exhibits; [4] [T]ranscripts of the Hearing; [5] [T]ranscripts of the testimonies given at that Hearing; [6] [T]he recording of the Hearing; [7] [T]he Division of Standards Report on POST’s inquiry into [an identified individual] (a document referenced in the Single Commissioner’s subsequent Order); and, [8] [A]ny preceding or subsequent records held by POST, created by POST, or 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

Kerri L. Johnson SPR24/3044 Page 2 November 15, 2024 submitted to POST (by anyone) naming/mentioning either [an identified individual] (in any iteration you reasonably know to represent [an identified individual] . . . ) and/or [an identified individual’s] POST certification. The Commission provided a response on October 4, 2024. Unsatisfied with the Commission’s response and claiming to not yet have received responsive records, Ms. Crum petitioned this office and this appeal, SPR24/3044, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Commission’s October 4th Response In its October 4, 2024 response, a Commission representative stated, “I am working on our response, please allow me additional time to correspond with the other POST Divisions.” Timeliness of Response G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records . . . and provided further, that the requestor may voluntarily agree to a

Kerri L. Johnson SPR24/3044 Page 3 November 15, 2024 response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Crum’s request was submitted on September 18, 2024, and the Commission has not provided responsive records, I find that the Commission has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the Commission must provide an estimated date as to when it intends to complete the search and provide the records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Commission must provide responsive records on a rolling basis. Conclusion Accordingly, the Commission is ordered to provide Ms. Crum with a response to the request, provided in a manner consistent with this order, 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. Sincerely, Manza Arthur Supervisor of Records cc: Karen Crum