Kade Crockford v. Hampshire County Sheriff's Department (SPR 20190630)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 26, 2019 SPR19/630 Barbara Babij Hampshire County Sheriffs Department 205 Rocky Hill Road Northampton, MA 01060 Dear Barbara Babij: I have received the petition of Kade Crockford appealing the non-response of the Hampshire County Sheriffs Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1) Specifically on March 7, 2019, Kade Crockford requested records relating to a facial recognition program or system. 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 Cornrnonwealth, 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, § 1 O(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. Conclusion Subsequent to the intervention by a member of the Public Records Division, I was notified that a response was provided dated August 10, 2018. Accordingly, I will now consider this administrative appeal closed. Ms. Crockford may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1) Sincerely, 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

SPR19/630 Barbara Babij Page2 March 26, 2019 ~y~ Supervisor of Records cc: Kade Crockford