Nathanson, David v. Worcester, City of - Police Department (SPR 20150853)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 29,2015 SPRlS/853 Lieutenant Stanley Roy City of Worcester - Police Department Records Bureau 9-11 Lincoln Square Worcester, MA 01608 Dear Lieutenant Roy: I have received the petition of David Nathanson appealing the response of the City of Worcester-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. Nathanson requested a copy of the daily police log for a specifically identified time period. 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. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Initially, the Department did not respond properly to Mr. Nathanson's request. In a telephone conversation with members of my staff on December 14 and 17, you explained that you were unaware of this public records request. Subsequent to this conversation you informed this office that you would send Mr. Nathanson a written response concerning any records that the Department has in its custody that are responsive to his request. Additionally, the Department discussed further training in the area of Public Records Law and has agreed to do so. 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 a date and time for this training. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Lieutenant Stanley Roy SPR15/853 Page Two December 29, 2015 Accordingly, whereas this administrative appeal was filed due to the lack of specificity in the Department's response, and further whereas the Department has indicated it will comply with the provisions of the Public Records Law with a proper response, I will consider this appeal closed with the proviso that the Town provide a revised response to Mr. Nathanson within ten (10) days. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Nathanson a written explanation, with specificity, how a particular exemption applies to each record. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. cc: Mr. David Nathanson