News Notes: Cambridge Police Don’t have a Records Access Officer

By Maya Shaffer

The Cambridge Police Department does not list a Public Records Officer's contact information including email address despite being required to by law. In an exchange with Crit.news Jeremy Warnick the department Director of Communications failed to provide their RAO's email address despite us asking for it directly. We were forced to seek an order from the Secretary of the Commonwealth, William Galvin's office to bring the CPD into compliance with the law. 

In the span of several emails where we pointed out the law requiring the department to post their RAO information and asking for the RAO's email address Warnick  instead offered to forward my request himself through the Public Information Office, then said they have a records division instead of an RAO- which is illegal, before finally claiming I needed to contact the city clerk…

Galvin's office and Attorney General Maura Healey have not meaningfully enforced the public records law so even the simplest things like having an RAO and posting their email address gets viewed as being optional because functionally it is. We are in a records access crisis that is only growing worse now that less eyes are on the records law because the update is no longer recent.

Here is my back and forth with Warnick 

-----Original Message-----

From: Maya Shaffer

<noreply-webcontactform@cambridgema.gov>

Sent: Friday, January 10, 2020 6:14 AM

To: PIO <PIO@CambridgePolice.Org>

Subject: RAO information

Hi, I'm a journalist and I'd like to make a records request. I can't find your RAO's email address listed- am I missing where it's posted?

Thanks,

Maya

On Fri, Jan 10, 2020, 8:41 AM Warnick,Jeremy <jwarnick@cambridgepolice.org> wrote:

Hi Maya,

You can reply back to me and send your request through the Public Information Office.

Jeremy Warnick

Director of Communications

Cambridge Police Department

From: Maya Shaffer <maya@crit.news>

Sent: Friday, January 10, 2020 9:58 AM

To: Warnick,Jeremy <jwarnick@CambridgePolice.Org>

Cc: PIO <PIO@CambridgePolice.Org>

Subject: Re: RAO information

I appreciate the help, but I'd like to email the RAO directly. Their email address is supposed to be publicly available and posted on the department website.  

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66/Section6A

"(c) Each agency and municipality shall post in a conspicuous location at its offices and on its website, if any, the name, title, business address, business telephone number, and business email address of each records access officer."

On Fri, Jan 10, 2020, 11:14 AM Warnick,Jeremy <jwarnick@cambridgepolice.org> wrote:

Hi Maya,

 We have a Records Unit that handles public records requests.

 Information on reaching them is available at

https://www.cambridgema.gov/cpd/policeunits/supportservicesdivision/recordsunit

 and

https://www.cambridgema.gov/cpd/policeunits/supportservicesdivision/recordsunit/requestpolicereports

 Jeremy

On Jan 11, 2020, at 12:32 PM, Maya Shaffer <maya@crit.news> wrote:

So... Your police department doesn't follow the records law.

MGL Section 15 of chapter 66 makes any violation of the records law a crime punishable by fines and potential imprisonment. 

https://malegislature.gov/laws/generallaws/parti/titlex/chapter66/section15 

How do I report this criminal violation and how do I get a copy of the police report generated from my complaint?

On Sat, Jan 11, 2020, 1:13 PM Warnick,Jeremy <jwarnick@cambridgepolice.org> wrote:

You can contact the Public Records Access Officer, Seah Levy, if you have any questions or if you need help getting records from the City of Cambridge. Our Records Unit works closely with Seah.

Her contact information is available at https://www.cambridgema.gov/iwantto/submitapublicrecordsrequest.

On Jan 11, 2020, at 1:17 PM, Maya Shaffer <maya@crit.news> wrote:

How do I report the crime tho?

On Sat, Jan 11, 2020, 5:01 PM Warnick,Jeremy <jwarnick@cambridgepolice.org> wrote:

Maya,

I’m not sure where the potential misunderstanding is, but the City is more than in compliance with Massachusetts laws. The Record Access Officer noted below represents all City of Cambridge Departments, including the Police Department. Our Records Unit works with her and offers additional services.

I was offering to support you as you stated you’re a journalist, I handle our media relations, and I could potentially expedite any records requests. 

If you want to inquire further, information for the Office of the Secretary of the Commonwealth is available at https://www.sec.state.ma.us/pre/prepra/prasecrao.htm.

Jeremy 

From: Maya Shaffer <maya@crit.news>

Date: Sat, Jan 11, 2020 at 5:19 PM

Subject: Re: RAO information

To: Warnick,Jeremy <jwarnick@cambridgepolice.org>

Is the clerks email address available on your website and is she listed as your RAO?