Patricia Resende v. Attleboro, City of - Police Department (SPR 20171525)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 8, 2017 SPR17/1525 Kyle P. Heagney Chief of Police Attleboro Police Department 12 Union Street Attleboro, MA 02703 Dear Chief Heagney: I have received the petition of Patricia Resende of NBC 10 appealing the response of the Attleboro 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. Resende requested records related to an incident involving an identified individual. In a response dated October 5, 2017, the Department denied access to records under G. L. c. 41, § 97D as it operates through Exemption (a) of the Public Records Law. G. L. c. 4, § 7(26)(a). 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, § lOA(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, § lO(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. Exemption (a) Exemption (a) permits the withholding of records that are: 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

Chief Kyle P. Heagney SPRl 7/1525 Page2 November 8, 2017 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). The applicable statue provides in pertinent part: All reports of rape and sexual assault or attempts to commit such offences, all reports of abuse perpetrated by family or household members, as defined in section 1 of chapter 209 A, 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. In the Department's October 5th response you assert "[u]nder the statute, victims, counselors, and law enforcement officers are permitted access to the records. Otherwise a violation of this law is punishable by imprisonment ofup to 1 year and/or a $1,000 fine." The Department also cites Montefusco v. Commonwealth, 452 Mass. 1015 (2008) in support of its position. I understand that in a conversation with a Public Records Division staff attorney, you confirmed the Department only possesses responsive records that are specifically exempt from disclosure under G. L. c. 41, § 97D. Whereas the responsive records consist of the type of information specifically exempted by statute, I find that the Department acted properly in withholding the requested records from disclosure. Sincerely, Rebecca S. Murray Supervisor of Records cc: Patricia Resende

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords October 25, 2017 SPR17/1525 Patricia Resende ~1BC10 I-Team Digital Reporter 23 Kenney Dr. Crc:L11.ston, RI 02920 Dear :Mr. Resende: I have received your letter appealing the response of tbe Attleboro Police Department to your request for records_ I have directed a member of my staff, Attorney Stephen Shorey, lO review this matter. Upon completion of the review, I "Nill advise you in ,vriting of tbe disposition oftbis case. If in the interim you receive a satisfactory response to your request, p1ease notit: tbis office lllli'Ilediate}y . .A ny further correspondence concerning this specific appeal should refer to the SPR case number listed under the date of this letter. Sincerely, Rebecca S. Murray Supervisor of Records cc: Chief Kyle Heagney OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 · Fax (617) 727-5914 wwVir.sec.state.ma. us/ pre