Shannon Gallagher v. West Bridgewater, Town of - Police Department (SPR 20171100)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 28, 2017 SPR17/1100 Victor Flaherty Chief of Police West Bridgewater Police Department 99 West Center Street West Bridgewater, MA 02379 Dear Chief Flaherty: I have received the petition of Shannon Gallagher of The Enterprise appealing the response of the West Bridgewater Police Department (Department) to her request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Gallagher requested "a copy of all police documents, reports, and recordings pertaining fo the police incident which led to summons request 17-187-AR.". Unsatisfied with the Department's response, which notes its intention to withhold various records associated with this incident, Ms. Gallagher petitioned this office and this appeal was opened as a result. Please note 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, § 1 O(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. Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from the Department intends to provide Ms. Gallagher with a supplemental response aimed on addressing the concerns outlined in her appeal. Accordingly, I will consider this administrative appeal closed with the proviso that the Department provide Ms. Gallagher with a response within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Gallagher may appeal the substantive nature of the Department's response within ninety 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

Victor Flaherty SPRl 7/1100 Page 2 August 28, 2017 Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Shannon Gallagher