Jim Haddadin v. Framingham, Town of - Police Department (SPR 20160336)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 3, 2016 SPR16/320, SPR16/336 Mr. Brian E. Simoneau Town of Framingham Police Department One William H. Welch Way Framingham, MA 01702 Dear Mr. Simoneau: I have received the petition of Jim Haddadin of Metro West Daily News appealing the response of the Town of Framingham - Police Department (Department) to a May 2, 2016 request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Haddadin requested access to and a copy of: 1. All records describing the findings of any audits of the Department's evidence room conducted between January 1, 2015 through the date ofthe request (SPR16/320); and 2. All internal affairs investigation records created or received by the Department since January 1, 2015 pertaining to either a specifically identified former officer or the disappearance and/or theft of money from the Department's evidence room (SPR16/336). On May 5, 2016, the Department denied Mr. Haddadin's requests for both the records concerning the audit and internal affairs investigation records pursuant to Exemption (f) of the Public Records Law; Mr. Haddadin appealed. 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, § IO(c); see also District Attorney for the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Brian X. Simoneau SPR16/320, SPR16/336 Page 2 June 3, 2016 Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Failure to state specificity with respect to applicability of exemption to requested records The Department claims that the records cannot be provided, even in redacted format, due to an on-going investigation by the Office of the Attorney General (AGO), and therefore the Department is withholding all records pursuant to Exemption (f). I find that the Department has not met its burden under the Public Records Law of explaining what records it actually has in its custody, and how Exemption (f) allows the Department to withhold the records in its custody in their entirety. The fact that an investigatory agency may be in the process of its own investigation does not abrogate the obligation of a records custodian to state, with specificity the application of an exemption. Duty to notify denied requester of administrative remedies In its denial the Department failed to inform Mr. Haddadin of the administrative remedy to a denial of access to public records. A custodian must advise the person denied access of his or her remedies. 950 C.M.R. 32.08(1 ). Order I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered, without delay, to provide Mr. Haddadin with a detailed response to each of his requests, provided in a manner consistent with this order, the Public Records Law and its Regulations. If the Department maintains that any portion of the responsive records are exempt from disclosure it must provide to Mr. Haddadin 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, § 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 ($10.00), custodian of records shall provide written good faith estimate). To assist the Department in responding to requests for public records I advise a review of 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.

Mr. Brian X. Simoneau SPR16/320, SPR16/336 Page 3 June 3, 2016 In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number below for further information. cc: Mr. Jim Haddadin