Beaudet, Mike v. Newburyport, City of - Police Department (SPR 20150059)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords March 20, 2015 SPRlS/059 Mr. Darren R. Klein, Esq. Kopelman and Page P.C. 101 Arch Street, 1ih Floor Boston, MA 02110 Dear Attorney Klein: I have received the petition ofMike Beaudet of WFXT-TVappealing the response ofthe Town of Newburyport Police Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Beaudet requested copies of all internal affairs investigations regarding a specified individual. In a response dated January 20, 2015 you denied his request, claiming that the responsive records are exempt pursuant to Exemptions (a), (c) and (f) ofthe 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 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 its 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. As interpreted by the Supreme Judicial Court, the primary purpose of the Public Records Law is to give the public broad access to governmental records. G. L. c. 66, § 10(a) (2006 ed.); see Globe Newspaper Co., 388 Mass. at 436. Disclosure of governmental records is favored by the presumption that the record sought is public. Worcester Telegram & Gazette Corporation v. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Darren R. Klein, Esq. SPR15/059 Page Two March 20, 2015 Chief of Police of Worcester, 436 Mass. 3 78, 3 83 (2002) (internal affairs investigation conducted by the police department held not to be exempt personal information given the import of maintaining the public's trust through the transparency of the process). The Massachusetts Superior Court has determined that the competence and integrity of police personnel are inherently public concerns and all internal investigations of police officers rise to the level of public record status, regardless of the complainant, or the reason for commencing the investigation. Leeman v. Alan N. Cote, 2006 Mass. Super. LEXIS 404, 16 (Mass. Super. Ct. 2006). In a police internal affairs investigation, openness is required to foster the public trust in law enforcement. Furthermore, a citizemy' s full and fair assessment of the conduct of public officials promotes the core value of trust between citizens and the government. This trust is essential to the public's confidence in their government. See Worcester Telegram & Gazette ~,58 Mass App Ct at 7-8. It would be detrimental to protect from public examination materials concerning the investigation of an employee's actions when the basis for the investigation may be a community issue affecting the public trust in the police department. I find the Department has failed to meet its burden of specificity in denying access to public records. Accordingly, the Department is hereby ordered to provide all responsive records to Mr. Beaudet in a manner consistent with this order, the Public Records Law and its Regulations. If the Department intends to withhold or redact any portion of the responsive records pursuant to a specifically stated exemption, Mr. Beaudet must be provided with a custodial index. See 950 C.M.R. 32.08(8). This administrative appeal is now closed. cc: Mr. Mike Beaudet