Quemere, Andrew v. Abington, Town of - Police Department (SPR 20150206)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 7, 2015 SPRlS/206 Chief David G. Majenski Abington Police Department 215 Central Street Abington, MA 02351 Dear Chief Majenski: I have received the petition of Andrew Quemere of The Bay State Examiner appealing the March 30,2015 response ofthe Abington Police Department (Department) to his March 9, 2015 request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Quemere requested a copy of: 1. All complaints/internal affairs records related to the October 26, 1998 traffic stop of Michael J. Hyde, 2. All policies, memos and training materials related to the public's right to photograph and audio/video record police and other public officials, and 3. All policies, memos and training materials related to the Massachusetts wiretapping statute (M. G. L. Chapter 272, section 99) and 4. An itemized list of all documents that pertain to the requests. The Department sent Mr. Quemere a form letter response, denying his request, and placing an "x" in two boxes on the form labeled, "Massachusetts General Law-Exemption B & F and Other: Internal Affairs records from 1998-Not available." I find that the Department has failed to meet its burden under the Public Records Law by not responding within ten (1 0) days, and using a standardized form that contains no detail or specificity to support the Department's exemption claims, and to explain why the Department has no internal affairs records from 1998. Mr. Quemere requested an itemized list of all documents that pertain to his requests. A custodian's duty to respond to requests for information extends to records that are in existence and in his custody. See G. L. c. 4, § 7(26). The Department is not obligated under the Public Records Law to create a list or key in response to a public records request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Chief David G. Majenski SPR15/206 Page Two July 7, 2015 The Department's response is dated March 30, 2015, twenty-one days after Mr. Quemere's request. G. L. c. 4, § 7 (26); 950 C.M.R. 32 et seq. A record custodian must comply with a public records request as soon as is practicable, without unreasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). The Department is advised that all responses to requests for public records must be made in compliance with the timeliness requirement of the Access Regulations. Furthermore, the response by the Department did not contain the specificity required in a denial of access to public records. The Department is advised that to comply with the Public Records Law and its Access 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. Accordingly, whereas I find that the Department has not satisfied its mandatory burden of specificity, the Department is hereby ordered to provide Mr. Quemere with the responsive records. 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. Quemere a written explanation, with specificity, how a particular exemption applies to each record, along with a custodial index. 950 C.M.R. 32.08(8). A copy of any response sent to Mr. Quemere must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If the Department is planning to charge Mr. Queme re for copies of the records he must be provided with a written, good faith estimate that complies with the Public Records Law and its Access Regulations. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06. The Department is also hereby ordered to conduct mandatory training in the area of Public Records Law. At that time, an attorney from my staff will provide copies of our publication, A Guide to the Massachusetts Public Records Law, and will be available to answer questions. You may contact this office at 617 727-2832 to arrange date and time for this training. cc: Andrew Quem ere