Waltham Residents Appeal City's Demands to Pay Thousands of Dollars for Public Records
WALTHAM, MA—Four Waltham residents have appealed the City of Waltham’s demands for thousands of dollars in fees for public records.
“All parents should know when there have been complaints made against someone interacting with their children,” said Ashley Pratte Parent. “Particularly someone with the ability to shoot a gun. This information is essential to the safety of children and to the peace of mind of parents.”
For Ashley Pratte Parent’s request for information on misconduct by Waltham’s School Resource Officers (SROs), she was charged a minimum of $100 by the City of Waltham. But, she has not been the only one to be charged over $100 for public records.
Jonathan Goldman was charged $100 for requesting Waltham’s policies on the use of force and for records of the Mayor’s response to the murder of George Floyd. Audrey Johnson was charged $675 for requesting records to learn more about how the Waltham Police Department has responded to the murder of George Floyd. Meaghan Caveney was charged $2,200 for requesting information about complaints against and investigations into the Waltham Police Department.
“In addition to living during a time of national reckoning where we’re having debates about policing, we’re also in the middle of a pandemic, and to charge hundreds or even thousands of dollars is ridiculous,” said Jonathan Goldman.
“When I saw they wanted $2,200 for records of complaints against our police department, I couldn’t believe my eyes,” said Meaghan Caveney. “It also made me wonder: are they trying to hide something?”
Under the public records law, municipalities have the right to charge and to waive fees. Municipalities are also often encouraged to waive fees when a request is in the public interest, the records are not for a commercial purpose, or the person asking for the records lacks the financial ability to pay.
But, even though all four of these requests meet all three of these standards, the City of Waltham appears to have a policy of never waiving fees. According to an email sent to another Waltham resident who submitted a public records request, “The only circumstance in which [the City of Waltham] would not charge a fee is if the searching and locating of responsive records requires less of [sic] 2 hours of time.”
"The City is charging us for records that should already be public and accessible," said Audrey Johnson. "How are we to make meaningful change in our community if we can't access the information about how it's being run?"
“We are at a landmark moment in United States history. In the last month, we have seen more progress on racial justice than we have in almost the last two decades.,” said Jonathan Goldman. “As a result, there is a heightened awareness of the relationship between the people who can legally kill (i.e. police officers) and the public. Without a commitment to transparency, we believe it will be more difficult to create trust in our communities and thus make us all more in danger.”
While the City of Waltham has charged thousands of dollars in fees, some requests from Waltham residents have been successful. Marina Simons successfully requested a copy of the Waltham Police Department’s union contract and Waltham’s contract with the Northeastern Massachusetts Law Enforcement Council (NEMLEC).
Part of Audrey Johnson’s request was also successful. Based on records she received, the City of Waltham indicated that only 8% of Waltham’s Police Department is non-white even though the community is 35% non-white. In addition, the Waltham Police Department is only 10% female even though the community is 50.7% female.
Based on the requests by these Waltham residents, the City of Waltham also shared some additional facts and figures, however, they would not give the full records to share more information without paying fees. Included in these facts are:
There have been multiple complaints made against an SRO in Waltham’s Public Schools;
There are 68 records of internal investigations and complaints related to the use of force made against the Waltham Police Department; and
There are two incidences of civil rights complaints made against the Waltham Police Department.
Another Waltham resident, Chanthal Harris, who also submitted a request for records, asked for records of what proportion of 911 calls in Waltham are in response to violent vs. noncriminal calls. While the City of Waltham responded to her request, they said that the City is unable to report the types of calls the Waltham Police Department receives.
“How can we know how our City’s resources are being used if they aren’t tracking 911 calls,” said Chanthal Harris of the Waltham Black Future Fund. “If a significant amount of the Police Department’s calls are for noncriminal things, maybe we would be rethinking how we’re policing in our community. But it’s hard to have that discussion without the facts.”
In addition to the requests made by Waltham residents, Waltham City Councilor Jonathan Paz also introduced a resolution requesting a number of records be provided to the City Council by September 1, 2020.
“I’m really grateful Councilor Paz made this resolution,” said Ashley Pratte Parent. “I just hope the City realizes the importance of this information and makes every effort to get it done as soon as possible, before the September deadline. How can we have a serious discussion without all of the facts?”
For access to the requests from the Waltham residents, the City’s responses, or the records they have received so far, please contact Jonathan Goldman at jonathangoldman@brandeis.edu.