Andrew McIsaac v. Weymouth, Town of - Police Department (SPR 20170255)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 27, 2017 SPR17/255 Andrew Mcisaac Abington, MA Dear Mr. Mclsaac: I have received your petition appealing the response of the City of Weymouth- Police Department (Department) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, you requested "The policies and procedures of the Department." In a response dated February 27, 2017, the Department provided you with an acknowledgement of its receipt of your request and notified you that some of the requested records might be exempt from disclosure but will be determined once the request is processed. The basis of your petition is your contention that the Department denied you access to records without justification. In its response, the Department indicated that some responsive records " ... are not considered public records because they are procedural in nature and relate solely to the internal personnel practices of the Department, in addition to the proper performance of the necessary government functions as indicated in exemption (b) of the Public Records Law." If the Department maintains that any portion of the responsive records are exempt from disclosure it must provide a written explanation, with specificity, how a particular exemption applies to each record. 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. The Department has indicated it will provide an additional response to your request not only with the responsive records, but also with a detailed explanation of any exemptions that may be applied. You may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Andrew Mclsaac SPRl 7/255 Page 2 February 27, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Captain Joseph Comperchio