Lisa Munger v. Westport, Town of - Police Department (SPR 20160377)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 20, 2016 SPR16/377 Hillary Harris Keeper of Records Westport Police Department 818 Main Road Westport, MA 02790 Dear Ms. Harris: I have received the petition of Ms. Lisa Munger appealing the response of the Westport Police Department (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Munger requested records relating to a suspicious death investigation conducted by the Department in January 1996. In a response dated May 6, 2016 you informed Ms. Munger that there are no records responsive to her request. The Public Records Law 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 orcnaracterishcs,-maae(ir-receivea biany-officer-or-ernpfoyee-ofany town -ofthe_ ________________________ _ ~~-------Tonn 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). 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. If there are any fees associated with a 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 ($1 0.00), custodian of records shall provide written good faith estimate). Once fees are paid, a records custodian must provide the responsive records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Hillary Harris SPR16/377 Page 2 June 20, 2016 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 request. Please contact my office directly at the telephone number provided in this determination for further information. Order In an email dated June 15, 2016, you confirmed that the Department "does not have and has not ever had any records" responsive to Ms. Munger's request and explained that "any and all records" would be in the possession of the Massachusetts Stat Police. Accordingly, whereas the Department has no records responsive to this requ · s ad inistrative appeal is closed. ervisor of Records cc: Ms. Lisa Munger