Kayla Fox v. Beverly, City of - Police Department (SPR 20250529)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 5, 2025 SPR25/0529 Richard R. Russo Jr. Captain Beverly Police Department 191 Cabot Street, Beverly, MA 01915 Dear Caption Russo: I have received the petition of Kayla Fox, of the Northeastern University School of Law Center for Public Interest, Advocacy, and Collaboration, appealing the nonresponse of the Beverly 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 February 4, 2025, Ms. Fox requested the following records: [1] An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022-2023 school year (up until the day the records are produced)…[;] [2] If such an extract of the database in question 1 is not possible, please provide police reports and school incident reports on each school-related arrest conducted during the 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022-2023 school year (up until the day the records are produced)[;] [3] Please provide an unduplicated count of arrested students for each school year including 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022-2023 school year (up until the day the records are produced)[;] [4] If such an extract of the database in question 1 is not possible, please provide police reports and school incident reports on each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022- 2023 school year (up until the day the records are produced), per the U.S. Department of Education’s Civil Rights Data Collection for that year. For each referral to law enforcement, please include the school, demographic, and incident information described in DESE's School Safety and Discipline Report Data 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

Captain Richard R. Russo Jr. SPR25/0529 Page 2 March 5, 2025 Handbook v. 20.0[;] [5] Please also provide an unduplicated counts of referrals to law enforcement (as defined above) for each school year including 2018-2019, 2019-2020, 2020-2021, 2021-2022 and 2022-2023 school year (up until the day the records are produced). Claiming to not yet have received responsive records, Ms. Fox petitioned this office and this appeal, SPR25/0529, was opened as a result. Subsequently, I learned the Department intends on providing a written response to Ms. Fox. Accordingly, the Department is ordered to provide Ms. Fox with said response in accordance with the Public Records Law, its Regulations and this order 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. Ms. Fox 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: Kayla Fox