Daniel DeFraia v. Boston, City of - Police Department (SPR 20160481)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 4, 2016 SPR16/481 Ms. Jennifer Samson City of Boston Police Department Office of the Legal Advisor 1 Schroeder Plaza Boston, MA 02120 Ms. Samson: I have received the petition of Daniel DeFraia appealing the response of Boston Police Department, Office of the Legal Advisor (Office) to a request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. DeFraia requested "all archived records maintained at Hyde Park by the Boston Police Department on the Neighborhood Watch program from the program's inception to date." On July 1, 2016 your office issued a response to Mr. DeFraia explaining that you could not fulfill his request and asked him to "state specifically what type of records or documents [he is] looking for" and to narrow his request if possible. Mr. DeFraia appealed this response. 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, § 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 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. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Jennifer Samson SPR16/481 Page 2 August 4, 2016 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 ($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. Determination Subsequent to the intervention by a member of my staff, this office was notified that a revised response was provided, dated August 2, 2016. I will now consider this administrative appeal closed. Mr. DeFraia may appeal the substantive nature of the Office's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Mr. Daniel DeFraia