Davidson, Jr., Richard v. Bedford, Town of - Police Department (SPR 20150132)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April17, 2015 SPRlS/132 Chief Robert Bongiorno Town of Bedford- Police Department 2 Mudge Way Bedford, MA 01730-2136 Dear Chief Bongiorno: I have received the petition of Mr. Richard R. Davidson Jr., Esq. appealing the response of the Town of Bedford (Town) 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, Attorney Davidson requested copies of Department records regarding his client and specifically identified incidents in which this client was involved. In a response dated November 10, 2014 the Department denied Attorney Davidson Jr.'s request in its entirety. The Department's response came on a boilerplate form. The form indicates that the Department was claiming a statutory exemption with chapter 41 section 98f handwritten on the form. The Department provided no additional information to support its exemption claim. Attorney Davidson, Jr. made an additional request on November 26 to which he states in his appeal he received a verbal denial over the telephone. Right ofA ccess In both his requests and his petition to this office Attorney Davidson Jr. specifically identifies his client, and the reasons for the request. Please note that the personal status of Attorney Davidson, Jr.'s client 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 of the requester. See Bougas v. Chief of Police 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, § lO(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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Chief Robert Bongiorno SPR15/132 Page Two April 17, 2015 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. Further, the second denial made by the Department was not made in writing, as required under the Public Records Law. See 950 C.M.R. 32.08(1). Accordingly, the Department is advised that to comply with the Public Records Law and its Access Regulations it must provide specificity, in writing, 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. 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 Attorney Davidson, Jr. in a manner consistent with this order, the Public Records Law and its Access Regulations. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Attorney Davidson, Jr. a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now closed. '-----',..-.. w. Supervisor of Records cc: Mr. Richard Davidson Jr., Esq.