May 9th Incident
| Submitted | Jan. 18, 2023 |
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Communications
From: Erin Stewart
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
1. Copies of notes, memorandums, and incident reports detailing Somerville Police Department’s investigation of any incident transpiring on May 9, 2022 involving a police officer at Somerville High School
2. Copies of any documents describing the repercussions, if any, for the police officer’s conduct during the incident that transpired on May 9, 2022.
3. Copies of any records containing communications, instructions or other information between school and police personnel, or any communications with others in the Somerville Police Department of this incident
As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k). Specifically, “The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner.”
As you know, municipalities with a population of over 20,000 may not assess a fee for the first 2 hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.
Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. G.L.c. 66, § 6A(d).
The Public Records Act requires that you comply with this request within ten (10) business days following receipt. If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply. To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.
If you have any questions about this request, or need additional time to respond, please contact me at (605) 405-6229. Thank you in advance for your prompt response to this request.
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Erin Stewart
From: Somerville Police Department
Good morning,
I acknowledge receipt of your public records request dated January 18, 2023. I write to request clarification as to what you mean by "repercussions." Can you please clarify what you mean by "repercussions"? Thank you.
David Shapiro
David Shapiro
City of Somerville
Deputy City Solicitor
93 Highland Avenue
Somerville, MA 02143
(617) 625-6600 Extn. 4409
DShapiro@somervillema.gov
From: Erin Stewart
Hi David:
Thank you for your acknowledgement of the request. By "repercussions," we mean any consequences the officer in question received for his conduct on May 9th. These consequences could include unpaid time off, a change in job duties, monetary fines, etc. We're just trying to understand how Somerville police responded to this officer after the May 9th incident.
I'm happy to speak further on the phone if needed - my office line is 617-338-1050 and my email is Erinstewart@cfjj.org.
Best,
Erin Stewart
From: Somerville Police Department
Thank you Erin. We will response in accordance with the applicable public records law.
David
From: Somerville Police Department
Hello Ms. Stewart,
Attached please find a letter in response to item three of your records request of January 18, 2023, on behalf of Interim Superintendent, Dr. Jeff Curley.
Best,
Katherine
------------------------------
Katherine Santiago
Executive Assistant
Office of the Superintendent
Somerville Public Schools - 8 Bonair Street
Ext. 6006/ T. 617-629-5211
ksantiago@k12.somerville.ma.us/<mailto:ksantiago@k12.somerville.ma.us/> https://somerville.k12.ma.us/
From: Somerville Police Department
Dear Requester,
On behalf of the City of Somerville Records Access Officer, this will confirm our office has received your email dated and received on 1/30/2023.
Due to the magnitude of your request and the resources required to provide a complete response, the city will provide you with a supplemental response and provide you with the public records sought within 25 business days from the date of the receipt of your request.
The city has identified records and intends to produce same, and may redact or withhold records if any exemptions are identified under the Massachusetts Public Records Law or any other statutes. Any exemptions will be set out in the City’s supplemental response to you.
Thank you for your cooperation in this regard.
Susan Tkaczuk
Paralegal
City Hall, Law Department
93 Highland Avenue
Somerville, MA 02143
publicrecords@somervillema.gov<mailto:publicrecords@somervillema.gov>
www.somervillema.gov<http://www.somervillema.gov>
From: Somerville Police Department
Dear Requester,
Attached are documents responsive to your request below. Please note that we are still reviewing reports and records and will send you a supplemental response if any further records are identified.
We have redacted the attached documents pursuant to exemptions (c) and (f) of the Massachusetts Public Records Law.
The records you requested consists of information of a personal nature involving one or more minor children. The privacy exemption is designed to protect information relating to individuals under the age of 18 (SPR 14/284, 6/3/2014). As a result, names, photographs and other identifying information has been redacted pursuant to exemption (c), the privacy exemption. The disclosure of such information may constitute an unwarranted invasion of personal privacy and the public interest in disclosure of the information does not outweigh the privacy interest associated with disclosure of the information. G. L. c. 4, 7, cl.26(c).
Exemption (f) permits redaction of the names and identifying details of voluntary complainants and witnesses. Bougas v. Chief of Police of Lexington, 371 Mass. 59 (1976).
You have the right to seek an administrative appeal to the Supervisor of Public Records under 950 CMR 32.08(1) and the right to seek judicial review by commencing a civil action in the superior court.
David P. Shapiro
Deputy City Solicitor
City Hall, Law Department
93 Highland Avenue
Somerville, MA 02143
dshapiro@somervillema.gov<mailto:dshapiro@somervillema.gov>
(617) 625-6600 x 4400
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