S. Howey v. Attleboro, City of - Fire Department (SPR 20180383)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 6, 2018 SPRlS/383 Pam Quinn City of Attleboro - Fire Department EMS Division, South Fire Station 1476 West Street Attleboro, MA 02703 Dear Ms. Quinn: I have received the petition of S. Howey appealing the response of the City of Attleboro Fire Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on March 19, 2018, S. Howey requested "all fire reports, all 911 audio digital/tape calls, all log book entries, all EMS reports, all EMS calls, all 911 Incident Recall Sheets, Calls For Service Reports, all Incident Reports, all Case Reports, all dispatch logs, all reports, investigative reports, photographs, all search warrants, all text messages from the address below, citations, notes, emergency transport records, and all 911 tapes/digital files pertaining to" a certain address from October 30, 2017 to March 18, 2018. The Department provided a response on March 19, 2018, which included a portion of the responsive records and indicated that it did not possess any "records for a fire at this address." The City's Police Department provided another response on April 5, 2018. Unsatisfied with the Department's March 19th response, S. Howey petitioned this office and this appeal, SPR18/383, was opened as a result. Petitions to the Supervisor of Records S. Howey is reminded that when appealing to the Supervisor of Records, the requestor shall provide to the Supervisor complete copies of all correspondence associated with the petition, including: a complete copy of the letter by which the request was made, including in the case of electronic communications all header information indicating time, date, subject, sender and recipient email addresses ..." 950 C.M.R. 32.08(1)(g). 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

Pam Quinn SPR18/383 Page2 April 6, 2018 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Departments' March 19th and April fh responses In the Department's March 19, 2018 response, the Department provided an inspection report and indicated that it did not possess "any records for a fire at this address." The Department noted that if S. Howey is "looking for a rescue call we will need date, name, and a signed medical release from the patient." Subsequent to the opening of this appeal, on April 5, 2018, a representative from the Police Department sent a supplemental response indicating that the requested records had been mailed to S. Howey several weeks ago. No duty to create records Under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d ). 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 of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Accordingly, whereas the Department has confirmed it has no "records for a fire at this address," I find that S. Howey's appeal pertaining to that request is resolved. Conclusion It is my understanding that the Department informed S. Howey that further information is needed in order to obtain records pertaining to a "rescue call." Therefore, the Department and S.

Pam Quinn SPR18/383 Page 3 April 6, 2018 Howey are encouraged to communicate further to enable the Department to provide the requested public records sought. If the Department believes that an exemption is applicable to withhold the responsive records or portions thereof, the Department must identify the exemption and explain with specificity how the exemption applies. Flatley, 419 Mass. at 511 ( custodian has the burden of establishing the applicability of an exemption). Accordingly, I will consider this administrative appeal closed. Sincerely, ~~ Supervisor of Records cc: S. Howey