Brian P. Harris, Esq. v. Billerica, Town of - Police Department (SPR 20170490)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 12,2017 SPR17/490 Sergeant John Zarro Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sgt. Zarro: I have received the petition of attorney Brian Harris of Harris and Associates, P. C., representing client Joseph Murray, appealing the response of Billerica 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, on March 23, 2017, Attorney Harris requested copies of statements from specifically identified individuals concerning a specific police report. In a response dated March 31, 201 7, the Department denied his request, claiming the responsive record may be withheld under Exemption (f) of the Public Records Law. See G. L. c. 4, § 7(26)(:f). Unsatisfied with this response, Attorney Harris petitioned this office and this appeal was opened as a result. 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, § lO(c) (emphasis added); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). 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 (f) 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. Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Department intends to provide a supplemental response. Accordingly, I will consider this appeal closed with the proviso that the Department provide Attorney Harris with a 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

Sgt. John Zarro SPRl 7/490 Page 2 April 12, 2017 supplemental response 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<m,sec.state.rna.us. Attorney Harris may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). Sincerely, ~ r y n ~ Rebecca S. Murray Supervisor of Records cc: Brian Harris, Esq.