John Anderson v. Holyoke, City of - Police Department (SPR 20171426)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 20,2017 SPR1711426 Officer Caron L. Porter Records Access Officer City of Holyoke Police Department - 138 Appleton Street Holyoke, MA 0 1040 Dear Officer Porter: I have received the petition of John Anderson appealing the response of the City of Holyoke Police Department (Department) to a request for public records. G. L. c. 66, 5 IOA; see 950 C.M.R. 32.08(1). Specifically, on August 24,2017, Mr. Anderson requested "access to or a copy of the police report [and] findings written by Det. Troy Copeland and John Sevigne on or about Dec. 22 2016." Mr. Anderson also requested "[a] copy of the police report made by Jennifer Chateauneuf on or about Dec 19 201 6 and any other information in the police dept. or other Holyoke agency concerning this case." The Department provided a response on September 6,2017, in which it denied access to the records under Exemptions (a), (f), and (0) of the Public Records Law. G. L. c. 4, 5 7(26)(a), (f), (0). Unsatisfied with the Department's response, Mr. Anderson petitioned this office and this appeal, SPR1711426, 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, 5 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, 5 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, 5 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatlev, 419 Mass. 507, 51 1 (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. 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