From: Bramanville Tribune
<bramanvilletribune@gmail.com>
Sent: Monday, April 10, 2023 7:40 PM
To: Lisa A. Ferguson <LAF@framinghamma.gov>
Subject: Public Records Request: Framingham Police Department POST
Commission documents
CAUTION: This email originated from outside your organization. Do not click
links or open attachments unless you recognize and verify the sender and know
the content is safe.
Hello,
This is a request under the Massachusetts Public Records Law (MGL
Chapter 66, Section 10) for any responsive documents and/or communications
concerning your municipality's police department and its compliance with the Massachusetts Peace
Officer Standards and Training (POST) Commission's duties under Chapter 253 of
the Acts of 2020 to create a "database listing complaints against police
officers," as detailed below. These documents
will be used to provide the public with information on officer complaints for
the Bramanville Tribune.
Specifically, I seek the following:
A
copy of the document your police department sent to the POST Commission,
likely sent between November 2021 and June of 2022, providing the
information requested by the POST Commission for its "database
listing complaints against police officers" planned for May of 2022.
This "database" was originally supposed to
launch in May of last year, per this article: https://www.boston25news.com/news/local/massachusetts-police-complaint-database-launching-coming-weeks/QFUNYWOUCNAYFATWRU7TOVHFJY/
The document is likely
in either a Microsoft Excel or PDF document. If possible, I would prefer
the submittal document in Excel.
Copies of any relevant responsive communications
between a) your police department and/or your town officials and b) the
POST Commission in regard to the database planned for May of 2022 as
detailed above and/or compliance with the reporting for said database
between the dates of July 1, 2021 and December 31, 2022, broadly
construed.
This should include,
but not be limited to, any written communications or responsive documents
on clarifications your police department or responsible parties within
your municipality had with POST on how to comply, on questions regarding
the information shared, on how the information would be disseminated, any
written protests to POST regarding compliance activities, etc.
Copies of any relevant responsive communications within
or between a) your police department and b) your municipal administration
in regard to this database and/or compliance with this mandate between the
dates of July 1, 2021 and December 31, 2022, broadly construed.
"Municipal
administration" here is defined as those involved in the day-to-day
operation of your municipality and who may have had a role or
responsibility in collecting and distributing this data. This may be a
human resources specialist, an assistant administrator, or any other municipal
position that would have assisted your department in complying with the
POST request.
Information concerning "complaints against police
officers" issued in the calendar year 2022 and through March 31,
2023, preferably in the same format used for the information sent to POST
between November 2021 and June of 2022 for the earlier-mentioned database.
This is not the
new request as of 2023 from POST (see https://www.mass.gov/info-details/disciplinary-record-resubmission
and below), but rather what the 2023 submission would have looked like
under the previous format. To use POST's language, "include new
sustained disciplinary records since your last submission, for both
active officers and officers who have transferred out of your
agency," "records for new hires and officers that have
transferred to your agency since your last submission," and
"records with pending discipline."
This should
include information listing:
Investigations of
officers even "if their disposition was 'Not Sustained,'
'Unfounded,' or 'Exonerated.'"
Officers that do not
have disciplinary records or complaints against them (allowing the
public to see what officers do not have complaints or records against
them).
Officers who retired
or resigned in good standing.
Records of incidents
that resulted in a verbal reprimand.
A
copy of the document your police department sent to the POST Commission as
sent to the POST Commission, likely sent between December 1, 2022 and
April 9, 2023, to comply with the "2023
POST Commission Disciplinary Records Resubmission" found at https://www.mass.gov/info-details/disciplinary-record-resubmission
This should be an Excel
spreadsheet in the format requested by the POST Commission.
The purpose of this is
to examine the data differences between the old and new, and to compare
against the 2023 POST database when it launches.
Copies of any relevant responsive communications
within or between a) your police department and b) your municipal
administration in regard to this database and/or compliance with the "2023 POST
Commission Disciplinary Records Resubmission" described above.
"Municipal
administration" here is again defined as those involved in the
day-to-day operation of your municipality and who may have had a role or
responsibility in complying with the 2023 POST request.
If this request has reached the wrong individual, I thank
you in advance for forwarding this to the proper records officer.
I do not
believe this should carry a charge, as page 4 of the Public Records guide
located at http://www.sec.state.ma.us/pre/prepdf/guide.pdf states
"There is no longer a separate charge for police or fire reports, or for
computer printouts." Furthermore, as I will be using this information for
news reporting purposes in the Bramanville Tribune, this will be used to
serve the interest of the public in sharing information concerning the
day-to-day operations of police departments in the Commonwealth of
Massachusetts. Unless otherwise indicated above, records should be
provided in an electronic format that is searchable and machine-readable.
Furthermore, I do not believe this
information is exempt from disclosure. The records requested are not
"related solely to internal personnel rules and practices" of the Department
(as they directly impact the public, public safety, and the enforcement of laws
within your jurisdiction), do not involve details of a "highly personal
nature," are not part of an "ongoing deliberative process,” have
already been provided to the POST Commission in compliance with Chapter 253,
and are not (with exceptions) investigative in nature. Further, If certain
exemptions are invoked, please detail those exemptions as part of your
response.
Thank you.
-Jeff Raymond
Bramanville Tribune
editor@bramanvilletribune.com
jeff.raymond@bramanvilletribune.com
Attached are the documents you requested.
Request Date
2023-04-11
Agency Tracking
2023-1078
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/
From: Bramanville Tribune
<bramanvilletribune@gmail.com>
Sent: Monday, April 10, 2023 7:40 PM
To: Lisa A. Ferguson <LAF@framinghamma.gov>
Subject: Public Records Request: Framingham Police Department POST
Commission documents
CAUTION: This email originated from outside your organization. Do not click
links or open attachments unless you recognize and verify the sender and know
the content is safe.
Hello,
This is a request under the Massachusetts Public Records Law (MGL
Chapter 66, Section 10) for any responsive documents and/or communications
concerning your municipality's police department and its compliance with the Massachusetts Peace
Officer Standards and Training (POST) Commission's duties under Chapter 253 of
the Acts of 2020 to create a "database listing complaints against police
officers," as detailed below. These documents
will be used to provide the public with information on officer complaints for
the Bramanville Tribune.
Specifically, I seek the following:
A
copy of the document your police department sent to the POST Commission,
likely sent between November 2021 and June of 2022, providing the
information requested by the POST Commission for its "database
listing complaints against police officers" planned for May of 2022.
This "database" was originally supposed to
launch in May of last year, per this article: https://www.boston25news.com/news/local/massachusetts-police-complaint-database-launching-coming-weeks/QFUNYWOUCNAYFATWRU7TOVHFJY/
The document is likely
in either a Microsoft Excel or PDF document. If possible, I would prefer
the submittal document in Excel.
Copies of any relevant responsive communications
between a) your police department and/or your town officials and b) the
POST Commission in regard to the database planned for May of 2022 as
detailed above and/or compliance with the reporting for said database
between the dates of July 1, 2021 and December 31, 2022, broadly
construed.
This should include,
but not be limited to, any written communications or responsive documents
on clarifications your police department or responsible parties within
your municipality had with POST on how to comply, on questions regarding
the information shared, on how the information would be disseminated, any
written protests to POST regarding compliance activities, etc.
Copies of any relevant responsive communications within
or between a) your police department and b) your municipal administration
in regard to this database and/or compliance with this mandate between the
dates of July 1, 2021 and December 31, 2022, broadly construed.
"Municipal
administration" here is defined as those involved in the day-to-day
operation of your municipality and who may have had a role or
responsibility in collecting and distributing this data. This may be a
human resources specialist, an assistant administrator, or any other municipal
position that would have assisted your department in complying with the
POST request.
Information concerning "complaints against police
officers" issued in the calendar year 2022 and through March 31,
2023, preferably in the same format used for the information sent to POST
between November 2021 and June of 2022 for the earlier-mentioned database.
This is not the
new request as of 2023 from POST (see https://www.mass.gov/info-details/disciplinary-record-resubmission
and below), but rather what the 2023 submission would have looked like
under the previous format. To use POST's language, "include new
sustained disciplinary records since your last submission, for both
active officers and officers who have transferred out of your
agency," "records for new hires and officers that have
transferred to your agency since your last submission," and
"records with pending discipline."
This should
include information listing:
Investigations of
officers even "if their disposition was 'Not Sustained,'
'Unfounded,' or 'Exonerated.'"
Officers that do not
have disciplinary records or complaints against them (allowing the
public to see what officers do not have complaints or records against
them).
Officers who retired
or resigned in good standing.
Records of incidents
that resulted in a verbal reprimand.
A
copy of the document your police department sent to the POST Commission as
sent to the POST Commission, likely sent between December 1, 2022 and
April 9, 2023, to comply with the "2023
POST Commission Disciplinary Records Resubmission" found at https://www.mass.gov/info-details/disciplinary-record-resubmission
This should be an Excel
spreadsheet in the format requested by the POST Commission.
The purpose of this is
to examine the data differences between the old and new, and to compare
against the 2023 POST database when it launches.
Copies of any relevant responsive communications
within or between a) your police department and b) your municipal
administration in regard to this database and/or compliance with the "2023 POST
Commission Disciplinary Records Resubmission" described above.
"Municipal
administration" here is again defined as those involved in the
day-to-day operation of your municipality and who may have had a role or
responsibility in complying with the 2023 POST request.
If this request has reached the wrong individual, I thank
you in advance for forwarding this to the proper records officer.
I do not
believe this should carry a charge, as page 4 of the Public Records guide
located at http://www.sec.state.ma.us/pre/prepdf/guide.pdf states
"There is no longer a separate charge for police or fire reports, or for
computer printouts." Furthermore, as I will be using this information for
news reporting purposes in the Bramanville Tribune, this will be used to
serve the interest of the public in sharing information concerning the
day-to-day operations of police departments in the Commonwealth of
Massachusetts. Unless otherwise indicated above, records should be
provided in an electronic format that is searchable and machine-readable.
Furthermore, I do not believe this
information is exempt from disclosure. The records requested are not
"related solely to internal personnel rules and practices" of the Department
(as they directly impact the public, public safety, and the enforcement of laws
within your jurisdiction), do not involve details of a "highly personal
nature," are not part of an "ongoing deliberative process,” have
already been provided to the POST Commission in compliance with Chapter 253,
and are not (with exceptions) investigative in nature. Further, If certain
exemptions are invoked, please detail those exemptions as part of your
response.
Thank you.
-Jeff Raymond
Bramanville Tribune
editor@bramanvilletribune.com
jeff.raymond@bramanvilletribune.com
Attached are the documents you requested.
Request Date
2023-04-11
Agency Tracking
2023-1078
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-FraminghamMACitizens/