Meredith Nelson v. Reading, Town of - Police Department (SPR 20190385)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 4, 2019 SPR19/0385 Chief Mark Segalla Town of Reading-Police Department 15 Union Street Reading, MA 01867 Dear Chief Segalla: I have received the petition of Meredith Nelson appealing the response of the Town of Reading - 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, Ms. Nelson requested records related to an identified incident. 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, § IOA(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. Appeal The Department provided a response dated November 30, 2018 which included a redacted incident report. In its response, the Department indicates the report was redacted pursuant to the Criminal Offender Record Information Act (CORI), Exemption (a) and Exemption (c). See G. L. c. 6, § 167-178B; G. L. c. 4, § 7(26)(a), (c). In a subsequent response dated February 12, 2018, the Department indicates that it does not possess "a copy of a video 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

Chief Mark Segalla SPR19/0385 Page 2 March 4, 2019 [an identified individual] in a holding cell," and "[d]ates of birth and victim information have been redacted in the report" under Exemption (c) regardless of the victim's "wishes" that the requester receive the report unredacted. The Department additionally indicates that the report has been redacted pursuant to the CORI Act as it operates through Exemption (a) and explains that access to one's own CORI is done through the Department of Criminal Justice Information Services and not through the Department. See G. L. c. 6, § 172(5); G. L. c. 6, § 167 A. Subsequent to the intervention of a Public Records Division staff attorney, I learned the Department provided Ms. Nelson with another response dated February 13, 2018. Whereas this appeal was based on the Department's previous responses, I will now consider this appeal closed. Ms. Nelson may appeal the substantive nature of the Department's February 13th response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Meredith Nelson