Karissa Flynn v. Rockland Police Department (SPR 20190039)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 23, 2019 SPR19/0039 John Llewellyn Chief of Police Town of Rockland 490 Market Street Rockland, MA 02370 Dear Chief Llewellyn: I have received the petition of Karissa Flynn appealing the nonresponse of the Rockland Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on November 13, 2017, Ms. Flynn requested "all internal affairs records in possession of the Rockland Police Department that pertain to Officer Steven Somers, including but not limited to civilian complaints, officers' reports, and internal affairs." Subsequent to opening this appeal, SPR19/0039, the department provided a response on January 7, 2019, which included responsive records. Contending that she has not received all records responsive to her request, Ms. Flynn amended her petition to this office and is appealing the Department's January J1hresponse. 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, § 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 associated with a response a written, good faith estimate must be 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

John Llewellyn SPR19/0039 Page 2 January 23, 2019 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. Additional responsive records The Department's January J1h response indicates "responsive documents to your request are attached" as well noting "portions of the responsive documents have been redacted." However, in her petition for appeal, Ms. Flynn claims "[b] ased on prior communication from Chief Llewellyn, it appears that the response to my request is incomplete." Further, Ms. Flynn states "[i]n his March 26, 2018, letter setting out the cost estimate, Chief Llewellyn indicated that the response to my request would include.100 pages ... I received a letter from Chief Llewellyn with 18 pages ofrecords enclosed." Ms. Flynn also notes "a portion of the records that I received was heavily redacted and the records appear incomplete." She provides the example where "records include reports of a follow-up investigation regarding an allegation ... however, there are no records that reflect any findings that resulted from the investigation." 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). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requesters in obtaining the desired information. See 950 C.M.R. 32.04(5)(b ). The Department must confirm whether or not it possesses additional responsive records and provide such response in compliance with the Public Records Law and its Regulations. I understand a Public Records Division staff attorney contacted your office about this appeal but was unable to reach you prior to the issuance of this decision. Conclusion Accordingly, the Department is ordered to provide Ms. Flynn with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Ms. Flynn 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: Karissa Flynn