Diego Ibarguen, Esq. v. Brockton, City of - Police Department (SPR 20160489)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams July 19,2016 Supervisor ofR ecords SPR16/489 Sergeant Brenda I. Perez Brockton Police Department 7 Commercial Street Brockton, MA 023 02 Dear Sergeant Perez: I have received the petition of Diego Ibarguen, Esq. ofthe Hearst Corporation appealing the response of the Brockton Police Department (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Ibarguen's client WCVB 5 Investigative Reporter Kathy Curran requested copies of records related to a 2004 homicide. The Department denied this request, stating the investigation remains active and therefore any responsive records would be withheld pursuant to the investigatory exemption to the Public Records Law. G. L. c. 4, § 7 26) (f). Attorney Ibarguen appealed. In a July 19, 2016 telephone conversation you explained that the Department believes the investigation is active and ongoing. 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. Order I find the Department's response lacked the specificity required by a records custodian in denying access to records. Accordingly, the Department is hereby ordered to provide a revised response to Ms. Curran's request, prepared in a manner consistent with the Public Records Law. 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. Very truly yours, £~ Shawn A. Williams Supervisor of Records cc: Mr. Diego Ibarguen OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre