Wallack, Todd v. Plymouth, Town of - Police Department (SPR 20140625)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 5, 2015 SPR14/625 Chief Michael E. Botieri Town of Plymouth Police Department 20 Long Pond Road Plymouth, MA 02360 Dear Chief Botieri: I have received the petition of Todd Wallack appealing your response for the Plymouth 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. Wallack requested copies of an incident report and certain photos relating to a specifically identified individual. 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). 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). Department's Response In an October 14, 2014letter to Mr. Wallack, you stated that his request was forwarded to the Plymouth County District Attorney's Office, who would be responding on the Department's behalf. In its response, the Department failed to satisfy its burden by effectively denying Mr. Wallack's request for records. A records custodian's response must be either an offer to provide the requested records or a written denial. A denial must detail the specific basis for withholding the requested materials. 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Chief Michael E. Botieri SPR14/625 Page Two January 5, 2015 The Department is not permitted to transfer the burden it holds in responding to Mr. Wallack's records request to another entity. It is the Department's burden and responsibility to provide Mr. Wallack with a complete and detailed response to his records request. Accordingly, the Department is hereby ordered, within ten (1 0) day of this order, to provide Mr. Wallack with copies of the requested records. If the Department maintains that any portion of the responsive records are exempt from disclosure it must provide to Mr. Wallack a written explanation, with specificity, how a particular exemptio applies to each record. This administrative appeal is now closed. cc: Mr. Todd Wallack