John C. Manoog III, Esq. v. Sandwich, Town of - Police Department (SPR 20160756)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 20, 2016 SPR16/756 Mr. Michael Nurse Deputy Chief of Police Sandwich Police Department 117 Route 6A Sandwich, MA 02563 Dear Deputy Chief Nurse: I have received the petition of John Manoog, Esq., appealing the response of Town of Sandwich 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 Manoog requested a copy of certain incident report. A redacted report was provided and Attorney Manoog 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, § 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, § 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. Present appeal Subsequent to the intervention by a member of my staff, this office was notified that the Department has agreed to provide more substantive response to Attorney Manoog's request. Whereas this matter was opened based upon the Department's response, I will now consider this administrative appeal closed with the proviso the response is provide within ten (10) days of OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Deputy Chief of Police Michael Nurse SPR16/756 Page2 September 20, 2016 receipt of this determination. Attorney Manoog may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. John Manoog, Esq.