Adam Bradley v. Billerica, Town of - Police Department (SPR 20190169)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 6, 2019 SPR19/169 Sgt. John Zarro Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Zarro: I have received the petition of Adam Bradley appealing the response of the Billerica 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. Bradley requested various categories ofrecords regarding the investigation of a complaint he filed concerning Department officers in addition to the assigned case number of the investigation. In response to Mr. Bradley's request, the Department states, "[i]n both these matters it was investigated and both were determined to be unfounded." Unsatisfied with this response, Mr. Bradley petitioned this office and as a result SPR19/169 was opened. 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. Please be advised, 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 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

Sgt. John Zarro SPR19/169 Page2 February 6, 2019 the request. See G. L. c. 66, § IO(a)(ii). Conclusion Although the Department states, "in both these matters it was investigated and both were determined to be unfounded," it is unclear if the Department possesses any other records responsive to Mr. Bradley request. Accordingly, the Department is ordered to provide a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~.~ Supervisor of Records cc: Adam Bradley