Mike Beaudet v. Waltham, City of - Police Department (SPR 20160199)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 30, 2016 SPR16/199 Mr. Steven R. Champeon Detective Captain Town of Waltham-Police Department 155 Lexington Street Waltham, MA 02452 Dear Captain Champeon: I have received the petition of Mike Beaudet appealing the response ofthe Town of Waltham-Police Department (Department) to a request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). In his March 7, 2016 request Mr. Beaudet sought "copies of all internal investigations" for a specifically identified Department officer. In a March 9 response the Department indicated four (4) internal affairs investigation exist, one each from 2006 and 2008 and two from 2012. Your response to Mr. Beaudet stated that you will provide a copy of the redacted 2006 and 2008 records; however, you denied access to the two records from 2012, stating such records are exempt by statute as the records "qualify as domestic abuse" records. See G. L. c. 41, § 97D. Mr. Beaudet appealed to this office your denial of his request for the 2012 records. Initial response by Department lacked specificity The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § IO(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). Subsequent to the opening of this appeal, this office was notified by you that a revised response will be provided. With the proviso that you will provide a more substantial response OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Steven R. Champeon SPR16/199 Page2 March 30, 2016 within 10 days, I will consider this administrative appeal closed. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Beaudet 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. The statutory exemptions are narrowly construed and are not blanket in nature. 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 in requesting and responding to requests for public records please refer 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 Law upon re uest. Please contact my office directly at the telephone number provided in this determination or further information. cc: Mr. Mike Beaudet