John Hilliard v. Brookline, Town of - Police Department (SPR 20170300)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 20, 2017 SPR17/300 Neil Harrington Traffic/ Records Division Supervisor Brookline Police Department 350 Washington Street Brookline, MA 02445 Dear Mr. Harrington: I have received the petition of John Hilliard of The Boston Globe appealing the response of the Town of Brookline 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, Mr. Hilliard requested a copy of "any detainers issued by the US Immigration and Customs Enforcement to Brookline [P]olice since May 2012." The Department provided redacted copies of these records in a response dated March 7, 2017. 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, § lOA(d); 950 C.M.R. 32.03(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, § 1O (b )(iv), 950 C.M.R. 32.06(3); see also Dist. 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Neil Harrington SPRl 7/300 Page 2 March 20, 2017 To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact the Public Records Division directly at the telephone number provided in this determination for further information. Current appeal In his appeal petition Mr. Hilliard indicates the Department provided copies of six ICE detainers, but "[t]he names and other identifying information were removed from each document, and the response did not contain the agency's explanation for redacting records." In an initial response dated February 22, 2017 the Department indicates its position that records may be withheld under the Criminal Offender Records Information (CORI) Act as it operates through Exemption (a) of the Public Records Law. G. L. c. 4, § 7(26)(a). However, in its March ih response in which it provided records, the Department does not cite an exemption, nor explain how an exemption applies to the withheld portions of the records. I find the Department has not met its burden in properly responding to a request for public records. G. L. c. 66, § lO(b)(iv), 950 C.M.R. 32.06(3); see also Flatley, 419 Mass. at 511 ( custodian has the burden of establishing the applicability of an exemption). I understand a Public Records Division staff attorney contacted the Department and provided a copy of the file associated with this appeal. Records Access Officer Amanda Williams indicated the Department would provide a supplemental response to Mr. Hilliard. Conclusion Accordingly, I will consider this appeal closed with the proviso that the Department provide Mr. Hilliard with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: John Hilliard