Glassroth, Drew v. Massachusetts Bay Transportation Authority - Transit Police Department (SPR 20150146)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords Apri116, 2015 SPRlS/146 Ms. Susan M. Krupanski, Esq. Assistant General Counsel Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Krupanski: I have received the petition of Drew Glassroth, of the Law Offices ofHoward Friedman, P.C., appealing the response of the Massachusetts Bay Transportation Authority (MBTA) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Glassroth requested records related to an arrest made by an MBTA Transit Officer on December 23, 2014. In a response dated February 13,2015 the MBTA denied Mr. Glassroth's request in its entirety citing Exemptions (c), (d) and (f) of the Public Records Law. Other than indicating "the matter is ongoing and not been finalized" the MBTA provided no additional information to support its exemption claims. In his petition to this office Mr. Glassroth states that his law firm represents the person who is the subject of the record. Mr. Glassroth provided to this office a signed statement by that client authorizing release of the record to Mr. Glassroth's firm. Please note that the personal status of the firm'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. ChiefofPolice ofLexington, 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). Public records and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Susan Krupanski, Esq. SPR15/146 Page Two April16, 2015 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); District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). The response by the MBTA did not contain the specificity required in a denial of access to public records. To comply with the Public Records Law and its Regulations a records custodian 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. I find the MBT A has failed to meet its burden of specificity in denying access to public records. The response by the MBTA merely cited exemptions, failing to indicate how each exemption specifically applied to the responsive record. Accordingly, the MBTA is hereby ordered to provide all responsive records to Mr. Glassroth in a manner consistent with this order, the Public Records Law and its Regulations. If the MBTA intends to withhold or redact any portion of the responsive records pursuant to a specifically stated exemption, Mr. Glassroth must be provided with a custodial index. See 950 C.M.R. 32.08(8). This administrative appeal is now closed. Supervisor of Records cc: Mr. Drew Glassroth