Police data collection request (MA depts) (Falmouth Town Clerk)

July 23, 2021

MuckRock News
DEPT MR 115528
411A Highland Ave
Somerville, MA 02144-2516
E-mail (Preferred): requests@muckrock.com

RE: Public Records Request dated July 9, 2021 (received on July 16, 2021)
Response of Records Access Officer

Dear Sir or Madam:

On July 16, 2021, we received your request pursuant to the Massachusetts Public Records Law for the following records:

1. the total number of use of force incidents reported by the police department, separated by year and by type of force used from 2013-2020 (for example, "27 taser incidents in 2019, 3 baton incidents in 2020, etc.)
2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained from 2013-2020, separated by year (for example, 8 complaints in 2016, 2 complaints sustained in 2016, 4 complaints in 2017, 1 complaint sustained in 2017, etc.)
3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2013-2020, separated by year.
4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2013-2020, separated by year.
5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2013-2020, separated by year.
6. all information reported to the FBI's National Use-of-Force Data Collection program to date.
7. a list of all officer involved shootings that were directed at a person from 2013-20 (excluding shootings of animals and accidental discharges that are not directed at a person).
8. the total amount of money paid out in lawsuits and settlements relating to allegations of police misconduct per year from 2013-2020. This includes copies of all reports, lists, databases, or individual documents that detail lawsuits brought against the city's police department and the outcome of lawsuits brought against the city's police department including any financial settlement occurring from 2013-20. It should also include any documents that your department submits to local, state, or federal agencies listing the number and/or status of lawsuits brought against the police department. This request includes any documents compiled quarterly, annually, or in other increments as well as any documents or databases that contain responsive information.

RECORDS WITHIN DEPARTMENT’S POSSESSION, CUSTODY OR CONTROL

We have located the following records that fit your search criteria:

· Use of Force Analysis Reports (2016-2019)
· Internal Affairs Investigations Log—civilian complaints (2013-2021)
· FBI National Use of Force Data Collection Program Reports (2019-2021)

RECORDS NOT WITHIN DEPARTMENT’S POSSESSION, CUSTODY OR CONTROL

With respect to your request, please be advised that this Department does not have possession, custody or control of the requested records. The mandatory disclosure provision of the Public Records Law only applies to information that is in the custody of the Department at the time the request is received. As a result, there is no obligation for a Department to create a record for a requester to honor a request. See G.L. c. 4, section 7(26) (defining "public records" as materials which have already been "made or received" by a public entity); see also 32 Op. Attorney Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information); see also A Guide to the Massachusetts Public Records Law, Secretary of the Commonwealth, Division of Public Records, p. 7 (January 2013) (hereinafter Public Records Guide). As a result, the Department is unable to respond to your request. However, the records requested may be in the possession, custody or control of the following department/agency:

· Use of Force Analysis Reports (2013-2015)
o The department is not required to maintain this data, however on a voluntary basis we began to maintain the data starting in 2016.
· FBI National Use of Force Data Collection Program Reports (2013-2018)
o The department is not required to participate in this program, however on a voluntary basis we began to participate in this program in 2019.
· The total amount of money paid out in lawsuits and settlements relating to allegations of police misconduct per year from 2013-2020. This includes copies of all reports, lists, databases, or individual documents that detail lawsuits brought against the city's police department and the outcome of lawsuits brought against the city's police department including any financial settlement occurring from 2013-20. It should also include any documents that your department submits to local, state, or federal agencies listing the number and/or status of lawsuits brought against the police department. This request includes any documents compiled quarterly, annually, or in other increments as well as any documents or databases that contain responsive information.
o The department does not maintain such records, however the records may be in the possession, custody or control of the Office of Town Counsel, 157 Locust Street, Falmouth, MA 02540, Phone: 508-548-8800, Fax: 508-540-0881. https://www.falmouthma.gov/354/Legal-Counsel-Town-Counsel

RIGHT OF APPEAL

Please be advised that pursuant to 950 CMR 32.00 and G.L. c. 66, section 10A(a) you have the right to appeal this decision to the Supervisor of Public Records within 90 calendar days. Such appeal shall be in writing, and shall include a copy of the letter by which the request was made and, if available, a copy of the letter by which the custodian responded. The Supervisor shall accept an appeal only from a person who had made his or her record request in writing. Pursuant to G.L. c. 66, section 10A(c), you also have the right to seek judicial review my commencing a civil action in the superior court.
Should you have any questions, please do not hesitate to contact me.
Lieutenant Douglas DeCosta
Falmouth Police Department
750 Main Street
Falmouth, MA 02540
Office: 774-255-4527
Fax: 508-457-2566
douglas.decosta@falmouthpolicema.gov<mailto:douglas.decosta@falmouthpolicema.gov>
www.falmouthpolice.us<http://www.falmouthpolice.us>

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