Patrick N. Bryant v. Boston, City of - Police Department (SPR 20160496)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 19, 2016 SPR16/496 Ms. Nicole I. Taub, Esq. City of Boston Police Department Office of the Legal Advisor One Schroeder Plaza Boston, MA 021 08 CustodianAddress Dear Attorney Taub: I have received the petition of Patrick N. Bryant, Esq., appealing the response of City of Boston Police Department (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Bryant made several requests itemized 1 thru 5 and 1 thru 2. In a response dated June 3, 2016 the Department provided Attorney Bryant with a fee estimate for the provision of records responsive to his request. In its response the Department informed Mr. Bryant that it intends to withhold or redact portions of the responsive records that disclose whether individuals are designated as "Veterans" and "Disabled Veterans". Pursuant to the Voters List Registration Statute as it operates by way of Exemption (a), the statutory exemption, as well as the privacy exemption to the Public Records Law. See G. L. c. 4, § 7 (26) (a), (c); G. L. c. 51 §4(d). Attorney Bryant appealed the redactions and requested a clarification of records to be provided prior to payment of fees. 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 of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § lO(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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Nicole I. Taub, Esq. SPR16/496 Page 2 July 19,2016 cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Right ofA ccess In his petition, Attorney Bryant indicated that he had been provided this type of information in the past and that he may have a unique right of access to the requested records. Please note that the personal status of a requestor in the matter in question does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, the status of Attorney Bryant and any client he represents will provide no basis as to the public status of the responsive records. Order I find the Department's assessment of fees was not made in compliance with the specificity requirement of the Public Records Law or its Access Regulations. Further, I find the Department has failed to state with specificity the applicability of the cited exemptions to the records. Accordingly, the Department is hereby ordered to review Attorney Bryant's request and provide a revised written response, prepared in a manner consistent with this order, the Public Records Law and its Access Regulations. 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: Patrick N. Bryant, Esq.