Contos, Harris v. Yarmouth, Town of - Police Department (SPR 20150458)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 2, 2015 SPRlS/458 Mr. Steven G. Xiarhos, Deputy Chief Yarmouth Police Department One Brad Erickson Way West Yarmouth, MA 02673 Dear Deputy ChiefXiarhos: I have received the petition of Harris Contos appealing the response of the Yarmouth 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, Mr. Contos requested letters regarding "First Responders Week" and "Motorcycle Voluntary Sound Check". You, on behalf of the Department, responded to Mr. Contos' request with specificity and provided one document. Mr. Contos appealed your response believing there to be more responsive documents. 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). 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. 5 07, 511 ( 1995) (custodian has the burden of establishing the applicability of an exemption). In addition, a records custodian must use their superior knowledge to determine the precise record or records responsive to a request. Where the Department provided Mr. Contos with all responsive records, I will consider this administrative appeal now closed. Shawn A. Williams cc: Mr. Harris Contos Supervisor of Records OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre