Barbara Ragan v. Marshfield, Town of - Police Department (SPR 20181866)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 13, 2018 SPR18/1866 Lt. Arthur Shaw Marshfield Police Department 1639 Ocean Street Marshfield, MA 02050 Dear Lt. Shaw: I have received the petition of Barbara Ragan appealing the response of the Marshfield Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Ragan requested records related to an identified investigation and related court case. Previous appeal This request was the subject of a previous appeal. See SPRl 8/1192 Determination of the Supervisor of Records (August 21, 2018); SPR18/1480 Determination of the Supervisor of Records (October 19, 2018). In my October 19th determination I ordered the Department to provide Ms. Ragan with a response to the request, provided in a manner consistent with the order, the Public Records Law, and its Regulations. The Department responded on October 25, 2018. Ms. Ragan appealed and SPR18/1866 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, § 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 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. 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. Arthur Shaw SPRlS/1866 Page2 December 13, 2018 Current appeal In its October 25th response to Ms. Ragan the Department asserts "[y]ou have received all records from the Marshfield Police Department related to your request. There are no further records available that we are aware ofregarding this. No records related to this case were destroyed by the Marshfield Police Department. Any further request regarding records should be sent to the Plymouth County District Attorney's Office as they are handling this case." In her appeal petition Ms. Ragan indicates that the October 25th response does not explain " ... why these records do not exist, and why they are unavailable." She also notes that there has not been a" ... written clarification pursuant to Ms. Murray's Order as to whether these records existed or never existed." The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Further, G. L. c. 66, § lO(b) provides that a written response shall: (ii) identify any public records or categories of public records sought that are not within the possession, custody, or control of the agency or municipality that the records access officer serves; (iii) identify the agency or municipality that may be in possession, custody or control of the public record sought, if known; G. L. c. 66, § 1O (b )(ii)-(iii). I find that in light of its October 25th response that indicates that Ms. Ragan received all responsive records, explains that no records were destroyed by the Department, and notes that Ms. Ragan may wish to contact the Plymouth County District Attorney's Office about further requests for records, I find the Department has met its burden in responding to this request. G. L. C. 66, § 10(a )(ii), lO(b )(ii)-(iii). Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Barbara Ragan