Haddadin, Jim v. Framingham, Town of - Police Department (SPR 20150911)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords January 13, 2016 SPRlS/911 Mr. Brian E. Simoneau Assistant to Chief of Police Framingham Police Department 1 William H. Welch Way Framingham, MA 01702 Dear Mr. Simoneau: I have received the petition of Jim Haddadin, on behalf of the Metro West Daily News, appealing the response of the Framingham Police Department (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Haddadin requested access to and copies of communications sent by the Framingham police chief to other Framingham officers since Monday, November 23, 2015, pertaining to a specifically identified incident. You denied his request, claiming that one responsive communication relates to an active criminal investigation and is exempt pursuant to Exemption (f) of the Public Records Law. G. L. c. 4, §7 cl. 26(f). Despite a conversation with you and subsequent follow-up attempts to speak with you regarding your exemption claim, additional information was provided. 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). I find the Department has failed to meet its burden in denying access to public records. Accordingly, the Department is hereby ordered, within ten (10) days ofthis order, to provide Mr. Haddadin with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. Ifthe Department maintains that any portion of the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Brian E. Simoneau SPR15/911 Page 2 January 13, 2016 responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Haddadin 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. To assist the Department in responding to requests for public records I have enclosed a copy of our publication, A Guide to the Massachusetts Public Records Law. This document is also available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Publi Records Law upon request. Please contact my office directly at the telephone number prov; ed in this determination for further information. illiams Supervisor of Records cc: Mr. Jim Haddadin