Kay Lazar v. Massachusetts State Police (SPR 20181341)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 18,2018 SPR1811341 Daniel Brunelli, Esq. Massachusetts Department of State Police 470 Worcester Road Framingham, MA 0 1702 Dear Attorney Brunelli: I have received the petition of Kay Lazar appealing the response of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66 5 10A; see 950 C.M.R. 32.08(1). Specifically, Ms. Lazar requested copies of all letters and emails the Department has received from an identified state agency for a certain time period. The Department responded that it was in possession of all relevant emails and they needed to be reviewed. 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, 5 10A(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, 5 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, 5 lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 4 19 Mass. 507, 5 11 (1 995) (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, 5 lO(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, Boston, Massachusetts 02108 (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Daniel Brunelli, Esq. Page 2 September 18,201 8 Determination The Department further responded to Ms. Lazar on September 13,2018 and Ms. Lazar objected to that response. In light of that response, a further appeal has been opened. These issues will be addressed in the new appeal, (SPR1811380). I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray V Supervisor of Records cc: Kay Lazar