Madeleine List v. Sandwich, Town of - Police Department (SPR 20160578)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 18,2016 SPR16/578 Chief Peter N. Wack Town of Sandwich-Police Department 117 Massachusetts--Route 6A Sandwich, MA 02563 Dear Chief Wack: I have received the petition of Madeleine List a reporter for the Cape Cod Times appealing the response of the Town of Sandwich-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, Ms. List requested a copy of reports received by the Department regarding firearms stolen between January 1, 2011 and January 1, 2016. The Department provided a list containing the number of larceny reports of firearms. The Department has withheld information on the type of firearm, the serial number of the firearm and the location where the firearm was stolen pursuant to Exemption (j) of the Public Records Law. Ms. List appealed. 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 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, § 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). Exemption (j) Exemption (j) of the Public Records Law permits a records custodian to withhold or redact portions of records containing: OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Chief Peter Wack SPR16/578 Page 2 August 18, 2016 the names and addresses of any persons contained in, or referred to in, any applications for any licenses to carry or possess firearms issued pursuant to chapter one hundred and forty or any firearms identification cards issued pursuant to said chapter one hundred and forty and the names and addresses on sales or transfers of any firearms, rifles, shotguns, or machine guns or ammunition therefor, as defined in said chapter one hundred and forty and the names and addresses on said licenses or cards G. L. c. 4, § 7 (26) G) (emphasis added). It is my understanding that the initial response from the Department failed to cite an exemption to support its redactions. It is my further understanding that, subsequent to a query from Ms. List, the Department cited Exemption G). In order to claim an exemption in the Public Records Law, the custodian is required to specify how the exemption applies to the withheld records or withheld portions of the records. Ms. List informed the Department and this office that she did not request the names and addresses of firearms owners. It is unclear based upon the Department's response how Exemption G) permits the redactions made in the responsive records. As emphasized above, the exemption applies to names and addresses associated with applications for licenses to carry or possess firearms. It is unclear by the Department's response how information associated with type of firearm, serial numbers and locations in which firearms were stolen would disclose the information contemplated by Exemption G). As such, I find the Department has failed to meet its burden of specificity applying the exemption to the specific content it redacted from the responsive records. Order I find the Department has failed to properly respond to a requestfor public records. Accordingly, the Department is hereby ordered to review Ms. List's request and provide a revised response to her request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response ust be provided to this office. It is preferable to send an electronic copy of this response t this office at pre@sec.state.ma.us. rs, cc: Ms. Madeleine List