Lisa Munger v. Fall River, City of - Police Department (SPR 20160378)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 20,2016 SPR16/378 Lieutenant Kevin Silva Fall River Police Department Keeper ofthe Records 685 Pleasant Street Fall River, MA 02720 Dear Lieutenant Silva: I have received the petition of Ms. Lisa Munger appealing the response of the Fall River 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 copies of records related to Department service calls to a particular address on a specifically identified date in 1996. In your written response, you informed Ms. Munger that the Department did not have the requested records in its custody as "all calls before 2003 have been purged." The basis of Ms. Munger's appeal is that the Department did not provide a copy of an approved application for destruction permission. 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, § lO(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 ofthe 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Lieutenant Kevin Silva SPR16/378 Page 2 June 20, 2016 request for public records is expected to exceed tendollars ($10.00), custodian of records shall provide written good faith estimate). Once fees are paid, a records custodian 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 request. Please contact my office directly at the telephone number provided in this determination for further information. Department to provide copy of approved destruction request In a June 10, 2016 telephone conversation with a member of my staff, you confirmed that the Department no longer has any responsive records regarding the specific phone call described in Ms. Munger's request. In the same June 10 telephone conversation you agreed to supply Ms. Munger with a copy of the approved application for destruction relating to the requested records. Accordingly, I will consider this administrative appeal closed with the proviso that the Department provide Ms. Munger a copy of the destruction request without delay. 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. cc: Ms. Lisa Munger