Bradley W. Phipps, Esq. v. Office of the District Attorney - Northwestern District (SPR 20170495)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 13, 2017 SPR17/495 Cynthia M. von Flatern, Esq. Records Access Officer Northwestern District Attorney's Office One Gleason Plaza Northampton, MA O1 060 Dear Attorney von Flatern: I have received the petition of attorney Bradley Phipps, representing client Richard DeSorgher, appealing the response of the Office of the District Attorney - Northwestern District (DAO) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, on January 25, 2017, Attorney Phipps requested copies of an investigatory police report originating from the Town of Shelborn. In a response dated February 15, 2017, the DAO 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)(±). Unsatisfied with this response, Attorney Phipps 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 DAO's response did not contain the specificity required in a denial of access to public records. Instead, the DAO's response merely cites Exemption (f) without any further explanation as to the exemption's applicability to the requested records. The DAO 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 DAO intends to provide a supplemental response. Accordingly, I will consider 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

Cynthia von Flatern, Esq. SPR17/495 Page 2 April 13, 2017 this appeal closed with the proviso that the DAO provide Attorney Phipps with a 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@sec.state.ma.us. Attorney Phipps may appeal the substantive nature of the DAO's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Bradley Phipps, Esq.