Dharmaraj, Ramola v. Executive Office of Public Safety and Security - Department of State Police (SPR 20150544)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 25, 2015 SPRlS/544 Mr. Glenn M. Rooney, Esq. Department of State Police Office ofthe ChiefLegal Counsel 4 70 Worcester Road Framingham, MA 01702 Dear Attorney Rooney: I have received the petition of Ramola Dharmaraj appealing the response of the Department of State Police (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically Mr. Dharmaraj requested a copy of inventory list of all non-lethal and less than lethal directed energy weapons used by the Department. In a response dated May 29, 2015 the Department denied his request in its entirety citing to Exemption (n), the public safety exemption ofthe Public Records Law. 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). Public records and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § lO(a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature). 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, § lO(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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Glenn M. Rooney, Esq. SPR15/544 Page Two August 25,2015 In the Department's response you explained that the requested records are being withheld pursuant to Exemption (n) of the Public Records Law. Exemption (n) applies to records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety ofp ersons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety G. L. c. 4, §7 (26) Exemption (n) allows for the withholding of certain records which if released would undermine public safety. It is the duty ofthe custodian of records to exercise reasonable judgment to determine whether release of the record is likely to jeopardize public safety. Given the unique statutory construction of Exemption (n), records released to a particular individual through this exemption need not be released to all subsequent requestors. See SPR Bulletin NO. 04-03 (April 1, 2003 ). In the Department's response as well as correspondence with this office you explained that in the Department's reasonable judgment it believes releasing an inventory and/or the technical specifications of weapons it does (or does not have) would undermine public safety as it relates to security measures and emergency preparedness. The release of this information would be detrimental to the Department's law enforcement and public safety efforts. I find the Department has met its burden of specificity in denying access to public records pursuant to Exemptions (n). This administrative appeal is now closed. cc: Mr. Ramola Dharmaraj