Arthur G. Grenier v. Watertown, City of - Police Department (SPR 20180070)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 22,2017 SPR181070 Michael P. Lawn Police Chief Watertown Police Department 552 Main Street Watertown, MA 02472-2224 Dear Chief Lawn: I have received the petition of Arthur Grenier appealing the response of the Watertown Police Department (Department) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Grenier requested "[tlhe entire Internal Affairs file for former Watertown Police Officer Jason O'Brien who resigned December 23,2016." In a response dated January 3,2018, the Department denied access to records under Exemptions (c) and (f) of the Public Records Law. G. L. c. 4, 5 7(26)(c), (f). 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. Exemption (c) The Department claims the records may be withheld under Exemption (c). Exemption (c) permits the withholding of: 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