Scott, Albert v. Cambridge, City of - Police Department (SPR 20150635)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 9, 2015 SPRlS/635 Mr. James J. Mulcahy City of Cambridge-Police Department 125 Sixth Street Cambridge, MA 02142 Dear Mr. Mulcahy: I have received the petition of Albert L. Scott appealing the response of the City of Cambridge-Police Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Scott requested copies of "all reports, notes, audio recordings, computer files, or any other information" regarding an investigation conducted within a specifically identified time period. In your response dated May 14, 2015, you state the Department located five (5) responsive incident reports. You provided Mr. Scott with four (4 ) of the reports but withheld one (1) under Exemption (a) ofthe Public Records Law. G. L. c. 4, §7 (26)(a); G.L. c. 41, § 97D. Mr. Scott appealed this denial of the report. 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 Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Purpose of request; identity of requester Please note that the reason for which a requester seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. James J. Mulcahy SPR15/635 Page Two October 9, 2015 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). Exemption (a) In its May 14letter, the Department indicated its intent to withhold one (1) record pursuant to G.L. c. 41, § 97D as it operates through Exemption (a) ofthe Public Records Law. Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26)(a) A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney Gen. v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This office cannot order disclosure of records if a statute mandates nondisclosure. General Chern. Corp. v. Dep't of Envtl. Quality Eng' g, 19 Mass. App. Ct. 287 (Mass. App. Ct. 1985). G.L. c. 41, § 97D applies to withhold reports of sexual assault or abuse perpetrated by family or household members. I find the Department has met its burden of specificity with respect to the statutory exemption's applicability to withhold the report. See G. L. c. 41 §97D. While G .L. c. 41, § 97D states that certain people are allowed access to such records, Mr. Scott has not established that he falls within any of the specified categories. Whereas the Department has properly denied your request under Exemption (a) of the will Public Records Law, I consider this appeal closed. Supervisor of Records cc: Mr. Albert L. Scott