Wallack, Todd v. Boston, City of - Police Department (SPR 20150006)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 19, 2015 SPRlS/006 Ms. Maribeth Cusick, Esq. Chief of Government Services City of Boston - Law Department City Hall, Room 615 Boston, MA 02210 Dear Attorney Cusick: I have received the petition of Todd Wallack of the Boston Globe appealing the response ofthe City of Boston 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 a "copy ofthe daily police log/arrest report for December 12, 2012. The Department provided copies of the responsive records with certain information redacted. The basis of Mr. Wallack's appeal is that the Department withheld the information without justification for the redactions. 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 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. One Ashburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Maribeth Cusick, Esq. SPR15/006 Page Two March 19, 2015 Accordingly, the Department is hereby ordered, within ten (10) days of this order, to provide Mr. Wallack with the requested records in un-redacted form. 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. Wallack a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now closed. n . illiams Supervisor of Records cc: Mr. Todd Wallack