Wallack, Todd v. Barnstable County Sheriff's Office (SPR 20140622)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 6, 2015 SPR14/622 Mr. Roy Lyons Public Information Officer Barnstable County Sheriffs Office 6000 Sheriffs Place Bourne, MA 02532 Dear Mr. Lyons: I have received the petition of Todd Wallack appealing the response ofthe Barnstable County Sheriffs Office (Office) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Wallack requested copies of internal affairs reports, press releases, and a duty photo concerning a specifically identified individual. The Office provided Mr. Wallack with two responses to his request, dated October 13, 2014 and October 20, 2014, neither of which provides clarity as to what responsive records the Office may hold. In both responses, the Office states that it holds no responsive records, yet provides references to records that may be exempt from disclosure, and cites exemptions to the Public Records Law that may be applicable to whatever responsive records could exist. The Office further restrained Mr. Wallack's ability to access responsive records by failing to even identify the author of these responses or including the name of an appropriate contact person that may be available for further clarification with respect to the Office's responses. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(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). 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 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). With respect to the Office's responses to Mr. Wallack's request, this office is unable to render a determination on the applicability of any exemption claims because the Office has failed to satisfy its burden in identifying all records OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Roy Lyons SPR14/622 Page Two January 6, 2015 responsive to this request. The Office has effectively denied Mr. Wallack's request for records by failing to provide a substantive response to his request. Accordingly, the Office is hereby ordered, within ten (10) days ofthis order, to provide Mr. Wallack with the requested records. If the Office maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Wallack a written explanation, with specificity, how a particular exemption applies to each record. Finally, whereas the Office failed to indicate whether any records actually exist, the Office is hereby ordered to prepare a privilege index detailing any specific records withheld. See 950 C.M.R. 32.08 (8). Mr. Wallack may appeal the substa tive nature of the Office's response within ninety (90) days. See C.M.R. 32.08(2). urs, illiams Supervisor of Records cc: Mr. Todd Wallack