Jonathan Gerhardson v. Holyoke, City of - Police Department (SPR 20253223)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 17, 2025 SPR25/3223 Patricia Alicea Records Access Officer Holyoke Police Department 138 Appleton Street Holyoke, MA 01040 Dear Ms. Alicea: I have received the petition of Jonathan Gerhardson appealing the response of the Holyoke 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 October 23, 2025, Mr. Gerhardson requested the following: [1] Any and all Memoranda of Understanding, Memoranda of Agreement, or other inter-agency agreements between this department and the Federal Bureau of Investigation (FBI) concerning participation in the Joint Terrorism Task Force (JTTF), in effect from January 1, 2015, to the date this request is processed. [2] Any and all current departmental policies, procedures, general orders, or written directives governing the assignment of personnel to federal law enforcement task forces, including but not limited to the JTTF. [3] A list of the ranks and start/end dates for all personnel assigned to the JTTF from January 1, 2020, to the date this request is processed. Please note, this request does not seek the names of individual officers, but rather anonymized data on staffing levels and duration of assignments. This framing is supported by successful litigation compelling the release of similar staffing information (see ACLU of Massachusetts v. FBI, et al., Civ. No. 12-10232-WGY). [4] Copies of all records of requests for overtime reimbursement submitted to any federal agency for personnel assigned to the JTTF, from January 1, 2020, to the date this request is processed. [5] Copies of all records, including travel vouchers and training certifications, 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

Patricia Alicea SPR25/3223 Page 2 November 17, 2025 for any specialized counterterrorism, intelligence, or surveillance training received by personnel during their assignment to the JTTF, from January 1, 2020, to the date this request is processed. [6] Copies of all reports, summaries, or presentations provided by JTTF- assigned personnel to the Chief of Police, Superintendent, or other command staff regarding task force activities, from January 1, 2023, to the date this request is processed. [7] All records of civil rights complaints or internal affairs investigations initiated against personnel during their assignment to the JTTF. This request seeks records related to the internal affairs process, which the Appeals Court of Massachusetts has held are “different in kind from the ordinary evaluations, performance assessments and disciplinary determinations encompassed in the public records exemption for personnel files or information.” [8] All records, including policies, procedures, purchase orders, and usage logs, related to the use of cell-site simulators (often referred to as ‘Stingrays’ or ‘IMSI catchers’) and other technology by department personnel assigned to the JTTF. To the extent feasible, I request that these records be provided in a searchable, machine-readable electronic format, as is preferred under the Public Records Law. The Department responded on October 29, 2025. Unsatisfied with the response, Mr. Gerhardson petitioned this office and this appeal, SPR25/3223, 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

Patricia Alicea SPR25/3223 Page 3 November 17, 2025 custodian must provide the responsive records. Current Appeal In his appeal petition, Mr. Gerhardson contends, “[t]heir reply claims that no JTTF assignments exist later than 2020, but this ignores part of my request that seeks records ‘governing the assignment of personnel to federal law enforcement task forces, including but not limited to the JTTF.’” The Department’s October 29th Response On October 29, 2025, the Department responded to Mr. Gerhardson with the following: [1 - 3] This department has not had anyone assigned to the Joint Terrorism Task Force since 2020. [4] Records regarding compensation will need to be requested from the Holyoke City Treasurer’s office. [5] Records do not exist regarding any specialized training received. [6] Records do not exist regarding any reports or presentations given to the Chief of Police. [7] Records do not exist regarding civil rights or internal affairs complaints. [8] Records do not exist regarding cell site simulators or similar. Records in Existence; Possession, Custody, or Control The Department is advised that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Based on Mr. Gerhardson’s claim regarding Item 2 of his request and the Department’s response, it remains unclear whether the Department possesses records responsive to Mr. Gerhardson’s request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Mr. Gerhardson with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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

Patricia Alicea SPR25/3223 Page 4 November 17, 2025 pre@sec.state.ma.us. Mr. Gerhardson 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: Jonathan Gerhardson