Andrew McIsaac v. Bridgewater, Town of - Police Department (SPR 20170340)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 22, 2017 SPR17/340 Ann Marie Gill Bridgewater Police Department 220 Pleasant Street Bridgewater, MA 02324 Dear Ms. Gill: I have received the petition of Andrew Mclsaac appealing the response of the Bridgewater 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. Mclsaac requested "all Massachusetts Uniform Citations issued by Bridgewater Police Officers on January 1, 2017." The requested records were the subject of a prior appeal. See SPR16/307 Determination of the Supervisor of Records (March 16, 2017). Following the March 16, 2017 determination, a supplemental response was provided to Mr. Mclsaac. Mr. Mclsaac was dissatisfied with the supplemental response and this appeal (SPRl 7 /340) was opened as a result. 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 Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 5 07, 511 (1995) (c ustodian 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

Ann Marie Gill SPRl 7/340 Page 2 March 22, 201 7 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, athttp://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on the Public Records Division staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of the 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. Specificity The Public Records Law states that "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § 10( c) ( emphasis added); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852,857 (1995); Flatley, 419 Mass. at 511. The Department's response did not contain the specificity required in a denial of access to public records. Instead, the Department's response merely cites Exemption (c) without any further explanation as to the exemption's applicability to the requested records. The Department is not permitted to issue a blanket denial without providing any further information with respect to the requested records. The Department states that it is "required to redact any personal data from any public records request." As a result, I find that the Department failed to satisfy its burden in responding to this records request. The Department is advised that a records custodian is required to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records in order to comply with the Public Records Law and its Access Regulations. Conclusion Subsequent to an intervention by a member of the Public Records Division staff, I understand you agree to review Mr. Mclsaac's request and provide another response regarding this matter. Accordingly, I will now consider this administrative appeal closed with the proviso that the Department provide a supplemental response to Mr. Mclsaac prepared in a manner consistent with this order, the Public Records Law, and its Regulations. Mr. Mcisaac may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1 ). 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 - fJ111MAAL1- Q Rebecca S. Murra;-- - -- Supervisor of Records cc: Andrew Mcisaac