Shibley, Craig v. Northampton, City of - Police Department (SPR 20140727)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 23, 2015 SPR14/727 Chief Russell P. Sienkiewicz City ofNorthampton Police Department 29 Center Street Northampton MA, 01060-3090 Dear Chief Sienkiewicz: I have received the petition of Craig P. Shibley appealing the response of Western Massachusetts Law Enforcement Council (WMLEC) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Shibley requested a copies of WMLEC organizational documents. In a response dated December 1, 2014, you denied his request, claiming that the WMLEC is not subject to 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). Please be advised that the burden lies with the WMLEC to show that it is not subject to the Public Records Law. The Massachusetts Supreme Judicial Court provides a standard to determine whether an entity is public or private. See Massachusetts Bay Transp. Auth. Retirement Bd. v. State Ethics Comm'n, 414 Mass., 582 (1993); see also Globe Newspaper Co. v. Massachusetts Bay Transp. Auth. Retirement Bd., 416 Mass. 1007 (1993). Public Records Law and its Access Regulations require specificity with respect to any denial of access to public records. The response provided to Mr. Shibley did not contain the specificity required by the Public Records Law for the withholding of records. Accordingly, the WMLEC is hereby ordered, within ten (10) days ofthis order, to provide Mr. Shibley with the requested records. If the WMLEC maintains that it is not subject to the Public Records Law it must, within ten (1 0) days provide to this office a written explanation, with specificity consistent with the holding in Massachusetts Bay Transp. Auth. Retirement Bd. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Chief Russell P. Sienkiewicz SPR14/727 Page Two February 23, 2015 v. State Ethics Comm'n, how it is not subject to the Public Reco ds Law. This administrative appeal is closed. Supervisor of Records cc: Mr. Craig Shibley