Steven Courtemarche v. Lawrence, City of - Office of the City Clerk (SPR 20171320)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 29, 2017 SPR17!1320 William Maloney City Clerk City of Lawrence 200 Common Street, 1st Floor Lawrence, MA 01840 Dear Mr. Maloney: I have received the petition of Steven Courtemarche appealing the nonresponse of the Lawrence Police Department (Department) to his request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Courtemarcche requested "any and all information" on an identified individual relative to various police documents, sex offender registration, and phone call recordings or transcripts. Claiming to not yet have received a response, Mr. Courtemarche petitioned this office and this appeal 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, § 10A(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, § 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(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

William Maloney SPR17/1320 Page 2 September 29, 2017 To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Publ{cRecords Law. This document is available on the Internet 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 members will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. · Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from the City of Lawrence has contacted the Department and the Department intends to provide a response. Accordingly, the Department is hereby ordered to provide a response to Mr. Courtemarche without delay. Said response shall be made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Courtemarche may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Steven Courtemarche