Brian O'Connor v. Massachusetts State Police (SPR 20181172)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords August 21, 2018 SPRlS/1172 Katelyn A. Hiitt Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Hiitt: I have received the petition of Brian O'Connor appealing the nomesponse of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. O'Connor requested photos of an identified Department employee. Having received no response, he petitioned this office. 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 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, § 1O (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 assoc:ated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. One Ashburton Place, Room 1719, B ston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 0 sec.st ,tc.ma.us/pre • pre@sec.state.ma.us

Katelyn A. Hiitt SPR18/1172 Page 2 August 21, 2018 Order Despite being notified of the acknowledgement of this appeal and communications from a member of the Public Records Division staff, no response has been provided. Accordingly, the Department is ordered to provide . 0' Connor with a response to the request, provided in a manner consistent with this ordeL the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, 1!J,uu_~ Rebecca S. Murray Supervisor of Records cc: Brian O'Connor