Dreslinski, Michael v. Wayland, Town of - Police Department (SPR 20140483)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 26, 2014 SPR14/483 Chief Robert Irving Town of Wayland- Police Department 3 8 Cochituate Road Wayland, MA 01778 Dear Chief Irving: I have received the petition of Michael Dreslinski appealing the response of the Town of Wayland Police Department (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dreslinski requested copies of Department incident reports. The Department provided redacted copies without explaining the applicability of any exemption to the Public Records Law. "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, created or received by any officer or employee of any town of the Commonwealth to serve a public purpose, unless falling within a statutory exemption. G. L. c. 4, § 7(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 ofthis order, to provide Mr. Dreslinski with the requested records. If the Department maintains that the responsive records are exempt it may, within thirty (30) days provide to Mr. Dreslinski and this office an explanation, with specificity, how a particular OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Chief Robert Irving SPR14/483 Page Two September 26, 2014 exemption applies to each record. An acknowledgement will be provided, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be considered. Supervisor of Records cc: Mr. Michael Dreslinski