Todd Wallack v. North Attleboro, Town of - Police Department (SPR 20171704)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 18, 2017 SPR17/1704 John J. Reilly Chief of Police North Attleborough Police Department 102 South Washington Street North Attleboro, MA 02760 Dear Chief Reilly: I have received the petition of Todd Wallack of the Boston Globe appealing the response of the North Attleborough Police Department (Department or NAPD) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Wallack requested ''any and all records" pertaining to Aaron Hernandez. Mr. Wallack provided categories of records that should be included with the requested records. Previous appeals This request was the subject of previous appeals. See SPRl 7/727 Determination of the Supervisor of Records (June 7, 2017); SPRl 7/815 Determination of the Supervisor of Records (June 29, 2017); SPRl 7/980 Determination of the Supervisor of Records (August 2, 2017); SPRl 7/1143 Determination of the Supervisor of Records (September 6, 2017); SPRl 7/1399 Determination of the Supervisor of Records (October 18, 2017). I closed SPRl 7/1399 by ordering the Department to provide Mr. Wallack with responsive records, particularly those that were previously disclosed through the prior trial or motions, in a manner consistent with this order, the Public Records Law and its Regulations. The Department responded in a letter dated October 31, 2017 in which it explained "the NAPD and the DAO have identical sets of responsive records." Mr. Wallack appealed and SPRl 7/ 1704 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, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical 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

John J. Reilly SPRl 7/1704 Page 2 December 18, 2017 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, § 1O (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. Current appeal In his appeal petition Mr. Wallack indicates "[w]hile I am not asking the department to send duplicate documents, the custodian has a separate, independent duty to comply with the law. If the department continues to intend to withhold documents, it must be able to cite an exemption and explain how it applies .... " Please note I recently issued a determination regarding records within the possession of the Bristol District Attorney's Office (DAO). See SPRl 7/1664 Determination of the Supervisor of Records (December 15, 2017). In a telephone conversation with a Public Records Division staff attorney, you confirmed that the Department does not possess any records independently from the Bristol District Attorney's Office (DAO). However, the Department must also explain which exemptions to the Public Records Law it is invoking to withhold records in its possession. See G. L. c. 66, § 1O (b )(ii)-(iv). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Conclusion Accordingly, the Department must provide a response to Mr. Wallack in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Todd Wallack