Flynn, Kevin v. Massachusetts Bay Transportation Authority - Transit Police Department (SPR 20150897)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 21, 2015 SPRlS/897 Deputy Chief Kenneth Sprague Massachusetts Bay Transportation Authority Transit Police Department 240 Southampton Street Boston, MA 02118 Dear Deputy Chief Sprague: I have received the petition of Kevin Flynn appealing the nonresponse of the Massachusetts Bay Transportation Authority, Transit 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. Flynn requested all video recorded at a specifically identified transit station on a specific date and time. Despite our letter to you dated December 9, 2015 acknowledging the opening of this appeal, as well as follow-up messages from a member of my staff, no response was provided to this request. The Public Records Law strongly favors disclosure by creating a presumption that all governrnental 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). 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). Accordingly, whereas the Department has not overcome the presumption that the requested records are public, the Department is hereby ordered, within ten (10) days ofthis order, to provide Mr. Flynn with the requested 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. Flynn 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Deputy Chief Kenneth Sprague SPR15/897 Page Two December 21, 2015 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, § 1O (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 ($1 0. 00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. cc: Mr. Kevin Flynn Ms. Susan M. Krupanski, Esq.