Michael Dreslinski v. Shrewsbury, Town of - Police Department (SPR 20180517)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 25, 2018 SPRlS/517 Lt. Joseph McCarthy Detective Bureau Shrewsbury Police Department 106 Maple Ave Shrewsbury, MA 01545 Dear Lt. McCarthy: I have received the petition of Mr. Michael Dreslinski appealing the response of the Shrewsbury Police Department (Department) to his request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dreslinski requested: 1. Price quote(s) and/or purchase invoice(s) which identify costs (including any graphic design license or usage fees) for all painting and lettering applied to Department vehicle/unit #6; 2. All specifications/instructions provided to applicable vendor(s) regarding the painting and lettering (painting and lettering only) applied to Department vehicle/unit #6; 3. Records identifying the font name(s) of all lettering applied to vehicle/unit #6. 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 ------- ---G0mm0nwea}th,-tlflless-faHingwithina-statutory-exemption~-&.-b:-e;-4-,-§-'ltz6t,,----------.. --.... ---------- --- -------------- 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. 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

Lt. Joseph McCarthy SPR18/517 Page 2 April 25, 2018 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department's first response In their first, undated response to Mr. Dreslinski, the Department provided a redacted responsive record, but failed to cite any exemption to justify those redactions. Unsatisfied with this response, Mr. Dreslinski petitioned this office, and this appeal was opened as a result. It is my understanding that a Public Records Division staff member contacted you regarding this matter, and you provided a supplemental response. The Department's April 251 h response In their response dated April 25, 2018, the Department provided Mr. Dreslinski with an unredacted copy of the responsive record. The response further indicates that this is the only record in their custody responsive to his request. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian ofrecords at the time of the request. See G. L. c. 4, § 7(26)(defining "custodian" as the public employee with routine access to or control of public records). There is no obligation to create a record in response to a request for public records. See G. L. c. 66, § IO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Conclusion Accordingly, as the Department has provided all responsive records in its custody, I will now consider this administrative appeal closed. If you are not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § lO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ----------------------~ ~ ·~ ------ . Rebecca S. Murray Supervisor of Records cc: Michael Dreslinski