Everett, Rebecca v. University of Massachusetts Amherst - Police Department (SPR 20140657)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 6, 2015 SPR14/657 Deputy Chief Patrick T. Archbald University of Massachusetts Police Department 585 east Pleasant Street Amherst MA 01003-9600 Dear Deputy Chief Archbald: I have received the petition of Rebecca Everett, staff writer for the Daily Hampshire Gazette, appealing the response of University of Massachusetts Police Department (Department) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Everett requested a copy of records related to any arrests made by the Department on December 4 and 5, 2014. In a response dated October 6, 2014 you denied her request claiming that the responsive records are exempt from disclosure pursuant to Exemption (f) of the Public Records Law. The Department's response merely recites the exemption without any explanation as to its applicability to the requested records. 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). 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 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. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Deputy ChiefPatrick T. Archbald SPR14/657 January 6, 2015 Page Two Accordingly, the Department is hereby ordered, within ten (10) day of this order, to provide Ms. Everett with the requested records. If the Department maintains that any portion of the responsive records are exempt from disclosure it must provide to Ms. Everett a written explanation, with specificity, how a particular exemption applies to each record. wn Supervisor of Records cc: Ms. Rebecca Everett