Hayes, Francis v. Stoneham, Town of - Police Department (SPR 20140740)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 24, 2015 SPR14/740 Chief James Mcintyre Town of Stoneham - Police Department 4 7 Central Street Stoneham MA, 02180-2044 Dear Chief Mcintyre: I have received the petition of Francis J. Hayes appealing the response ofthe Town of Stoneham 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. Hayes requested copies of records pertaining to himself. The Department denied his request stating the records are exempt pursuant to Exemptions (a) and (f) of the Public Records Law. The Department's response contained no explanation as to the applicability of the stated exemptions to the withheld information. Please note that the personal status of Mr. Hayes in the matter in question does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances ofthe requester. See Bougas v. ChiefofPolice of Lexington, 371 Mass. 59, 64 (1976). 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. The Department is advised that to comply with the Public Records Law and its Access One Ashburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma.us/pre

Chief James Mcintyre SPR14/740 February 24, 2015 Page Two 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. Accordingly, the Department is hereby ordered, within ten (10) days ofthis order, to provide Mr. Hayes with the requested records. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Hayes a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now closed. n Supervisor of Records cc: Mr. Francis J. Hayes