Michael Cicione v. Lawrence, City of - Fire Department (SPR 20180588)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 4, 2018 SPR18/588 Eugene Scanlon Keeper of Records Lawrence Police Department 90 Lowell Street Lawrence, MA O1 840 Dear Mr. Scanlon: I have received the petition of Michael Cicione appealing the response of the Lawrence 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, Mr. Cicione requested two incident reports. Claiming to not yet have received a ·written response, Mr. Cicione petitioned this office and this appeal 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, § 1 OA(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. It is my understanding that a member of the Public Records Division staff contacted you regarding this appeal, and you indicated your willingness to provide a response. 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

Eugene Scanlon SPR18/588 Page 2 May 3, 2018 Order Accordingly, the Department is hereby ordered to provide a response to Mr. Cicione made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electron:ic copy of this response to this office at pre@sec.state.ma.us. Mr. Cicione may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1 ). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Ivl:ichael Cicione