Wallack, Todd v. Middlesex Sheriff's Office (SPR 20140676)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 18, 2015 SPR14/676 Mr. Kevin Maccioli Public Information Officer Middlesex County Sheriffs Office 400 Mystic Avenue Medford, MA 0215 5 Dear Mr. Maccioli: I have received the petition of Todd Wallack of the Boston Globe appealing the response ofthe Middlesex 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 what Mr. Wallack called a "duty photo" concerning a specifically identified individual. In an October 24, 2014 response letter to Mr. Wallack, you stated that the Office holds no responsive internal affairs reports or press releases. You also stated that the Office was withholding a responsive duty photo pursuant to Exemption (c) of the Public Records Law. 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 "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 Office contained no specificity. Accordingly, the Office 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

Mr. Kevin Maccioli SPR14/676 Page Two February 18,2015 Accordingly, whereas the Office has failed to meet its burden in withholding the responsive photo, the Office is hereby ordered, within ten (1 ) days of this order, to provide Mr. Wallack with the requested photo. This administrative appe 1 is now closed. yours, Supervisor of Records cc: Mr. Todd Wallack