Rousseau, John v. Shelburne, Town of - Police Department (SPR 20140556)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 21, 2014 SPR14/556 Mr. Steven Walker, Chief Shelburne Police Department 51 Bridge Street Shelburne Falls, MA 01370 Dear Chief Walker: I have received the petition of John Rousseau appealing the response of the Shelburne Police Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rousseau requested master card information, master index information, master sheet information, rap sheet and any other record that tracks his history with your Department. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10 ( c); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). In an October 13, 2014 letter Mr. Rousseau informed this offi e that he has receiveda satisfactory response to his request. Accordingly, I will consid t administrative appeal closed. Supervisor of Records cc: Mr. John Rousseau OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre