Susan Quin v. Dennis, Town of - Police Department (SPR 20171358)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 6, 2017 SPR17/1358 Lieutenant John Brady Records Access Officer Town of Dennis -Police Department 90 Bob Crowell Road South Dennis, MA 02660 Dear Lieutenant Brady: I have received the petition of Susan Quin appealing the response of the Town of Dennis 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, Ms. Quin requested records pertaining to an incident that occurred on November 8, 2016 concerning an identified person. The Department has withheld the records under the statute regarding domestic violence as it operates through Exemption (a) as well as Exemption (f) ofthe Public Records Law. Ms. Quin appealed the response. Petitions to the Supervisor of Records Ms. Quin is reminded that under the new requirements in the Public Records Law, when petitioning the Supervisor of Records (Supervisor) for an appeal, the requester shall provide to the Supervisor complete copies of all correspondence associated with the petition, including all written responses associated with requests subject to the petition for appeal. 950 C.M.R. 32.08(1)(g). Additionally, in petitioning the Supervisor, the requester shall provide a copy of such petition to the Records Access Officer (RAO). 950 C.M.R. 32.08(1)(h). Where Ms. Quin did not provide a copy of her appeal petition to the Department, a staff member in the Public Records Division subsequently provided it to the Department. Status of the requester and reason for the request In her petition, Ms. Quin relied on her relationship with the subject of the record as a basis for obtaining the responsive record. Ms. Quin should be advised that the Public Records Law does not distinguish between individuals seeking public records, thus her interest in the underlying incident offers her no greater right of access than any other person. See G. L. c. 66, § 10(a) (public records are to be provided to "any person"); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Access to a record pursuant to the Public Records Law rests 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

Lt. John Brady SPR17/1358 Page2 October 6, 2017 on the content of the record, regardless of the circumstances ofthe requester. Therefore, her interest in obtaining the record on behalf of another shall not play a part in whether the records should be released to the public. 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, § 10(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). Exemption (a) and the Domestic Violence Law 1 On September 20h, you explained in a response to Ms. Quin that the Department has withheld the responsive records under the "Domestic Violence Reports" prohibition as it operates through Exemption (a) of the Public Records Law. Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney Gen. v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either "shall not be a public record," "shall be kept confidential" or "shall not be subject to the disclosure provision of the Public Records Law." The second category under the exemption includes records deemed exempt under statute by necessary implication. The applicable statute that operates through Exemption (a) is G. L. c. 41, § 97D. It states: All reports of rape and sexual assault or attempts to commit such offenses, all reports of abuse perpetrated by family or household. members, as defined in section 1 of chapter

Lt. John Brady SPR17/1358 · Page 3 October 6, 2017 209A, and all communications between police officers and victims of such offenses or abuse shall not be public reports and shall be maintained by the police departments in a manner that shall assure their confidentiality .... G. L. c. 41, § 97D. Ms. Quin is advised that such reports shall be accessible only to: the victim, victim's attorney, prosecutors, victim-witness advocates and domestic violence victim's counselors. G. L. c. 41, § 97D. Because Ms. Quin cannot be identified as any of these people allowed by the statute to have access to the report, the Department denied her request under G. L. c. 41, § 97D as it operates through Exemption (a) of the Public Records Law. Additionally, the Department claimed Exemption (f) to withhold the responsive records. Since the Department has met its burden in demonstrating how Exemption (a) applies to its· denial of Ms. Quin's request for public records under Exemption (a), accordingly, I decline to opine on the claim of Exemption (f) in this matter. This administrative appeal is now closed. Conclusion If Ms. Quin is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Quin