Joseph Fantoni v. Framingham, City of - Mayor's Office (SPR 20180739)

The Commonwealth of Massachusetts Vvilliam Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor Q(Records May 30, 2018 SPR18/739 Mike Tusino Records Access Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Tusino: I have received the petition of Joseph Fantoni appealing the response of the Framingham 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. Fantoni requested two police reports, identified as 1700326 and 1700327. The Department's April 23rd response In a response dated April 23, 2018. the Department provided Mr. Fantoni with responsive records in a redacted form, citing Exemption (f) under the Public Records Law. Unsatisfied with this response, Mr. Fantoni 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, § 1O A( 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 tovvn 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. Flatlev, 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 oniy cite an exemption, but must also state why the exemption applies to the ,vithheld 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

Mike Tusino SPR18/739 Page 2 May 30, 2018 It is my understanding that a Public Records Division staff member contacted you regarding this appeaL and you provided a supplemental response. The Department's May 25th response In its response dated May 25, 2018, the Department clarifies that "redactions were made [to the responsive records] due to an open case in Framingham District Court: docket# 1849CR000157. Redactions ,vere any and all statements made from another agency, which are discoverable in court. The case has not been adjudicated and is still considered open at this time." Conclusion Accordingly, as the public records in question are the subject of a dispute in active litigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of the litigation could impact the applicability of950 C.M.R. 32.08(2)(b). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Joseph Pantoni