Adam Bagni v. Bristol County Sheriff's Office (SPR 20160090)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 4, 2016 SPR16/090 Ms. Lorraine J. Rousseau, Esq. Office of the Bristol County Sheriff 400 Faunce Corner Road North Dartmouth, MA 02747 Dear Attorney Rousseau: I have received the petition of Adam Bagni of NBC 10, WJ AR-TV appealing the response of the Office of the Bristol County Sheriff (Sheriffs Office) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bagni requested a copy of records concerning the departure of a specifically named former Sheriffs Office employee. In a February 4, 2016letter, the Sheriffs Office denied Mr. Bagni's request pursuant to the personnel and privacy clauses of Exemption (c) ofthe Public Records Law. G. L. c. 4, § 7 (26) (c). The Public Records Access Regulations (Regulations) state that a custodian of records must notify a requester of his administrative remedies in the event the custodian denies access to requested records. 950 C.M.R. 32.08(1). Your February 4 response failed to notify Mr. Bagni of his administrative remedies. 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). Exemption (c) The February 4letter states that the responsive records were used by the Sheriffs Office to make employment decisions regarding a specifically named civilian employee. The response further posits that the records are exempt from disclosure as personnel information and that OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Lorraine J. Rousseau, Esq. SPR16/090 Page2 March 4, 2016 disclosure would also constitute an unwarranted invasion of personal privacy, citing both the first and second clauses ofExemption (c) ofthe Public Records Law. Exemption (c) applies to: personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy G. L. c. 4, §7 (26) An attorney on my staff had a telephone conversation with you on February 24 to discuss the appeal, and at your request has provided a copy of the appeal file to assist you in drafting a more detailed written response. Accordingly, I will consider this administrative appeal closed, with the proviso that the Sheriff's Office, within ten (10) days, provide Mr. Bagni with a detailed response prepared in a manner consistent with this order, the Public Records Law and its Regulations. If the Sheriff's Office maintains that any portion of the responsive records are exempt from disclosure it must provide a written explanation, with specificity, how a particular exemption applies to each record or each portion of a 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). To assist in responding to requests for public records I refer the Sheriff's Office to our publication, A Guide to the Massachusetts Public Records Law. This document is 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 Public Records La pon r quest. Please contact my office directly at the telephone number below fOr further in£ r ron yours, I cc: Mr. Adam Bagni