Shaffer, Maya v. City of Chicopee Law Department (SPR 20150098)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April29, 2015 SPRlS/098 Ms. Christina Pikula, Esq. City of Chicopee -Law Department Chicopee City Hall, 1st Floor 17 Springfield Street Chicopee Ma 01 013 Dear Attorney Pikula: I have received the petition of Ms. Maya Shaffer of the Bay State Examiner appealing the responses of the City of Chicopee (City) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Shaffer requested copies of records regarding the Chicopee Police Department (Department) Facebook page and Department policy documents regarding how it stores and discards electronic documents received to its Facebook page. In responses dated January 12, 26, and February 5, 2015 the City denied Ms. Shaffer's requests in its entirety stating there are no records responsive to her request. 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). Along with her petition appealing the City's response, Ms. Shaffer included information indicating that responsive records may exist. Custodians of records are required to use their superior knowledge of the contents of their files to assist in promptly complying with the request. 950 CMR 32.05(4) Accordingly, the City is hereby ordered to do a full and thorough search of the Department's Facebook page, review each individual responsive record and within ten (10) days of this order, provide Ms. Shaffer with the requested records. If the City maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Ms. Shaffer a written explanation, with specificity, how a particular exemption applies OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Christina Pikula, Esq. SPR15/098 Page Two April29, 2015 to each record. If the City maintains that the responsive records no longer exist, the City is further ordered to explain in writing its justification under the Public Records Law and the Municipal Records Retention Manual. Ms. Shaffer may appeal the substantive nature of the City's response within ninety (90) days. See 950 C.M.R. 32.08(2). This administrative appeal is no closed. a upervisor of Records \( cc: Ms. Maya Shaffer