McGeown Melanson, Margaret v. Marblehead, Town of - Police Department (SPR 20140470)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams September 26, 2014 Supervisor ofR ecords SPR14/470 Chief Robert 0. Picariello Town of Marblehead-Police Department 11 Gerry Street Marblehead, MA 01945 Dear Chief Picariello: I have received the petition of Margaret McGeown Melanson appealing the response of the Town of Marblehead-Police Department (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Melanson requested a copy of a police report from August 2002. In the Department's undated response you denied providing the responsive record stating the record is exempt from disclosure under Massachusetts General Law Chapter 4, Section 7, clause 26. The Public Records Law states that "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § 10(c) (emphasis added). See also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). The response by the Department did not contain the specificity required in a denial of access to public records. Accordingly, the Department is advised that to comply with the Public Records Law and its Regulations it must provide specificity with respect to any denial of access to public records. This requires a records custodian to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records. The Department has yet to meet its burden in proving with specificity why responsive records have not been made available. Accordingly, the Department is hereby ordered, within ten (10) days of this order, to provide Ms. Melanson with the requested records. If the Department maintains that the responsive records are exempt it may, within thirty (30) days provide to Ms. Melanson and this office an explanation, with specificity, how a particular exemption applies to each record. An acknowledgment will be issued, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed or than thirty (30) days after the date of this letter will not be considered. cc: Ms. Margaret McGeown Melanson OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre