Michael Gagne v. Wareham, Town of - Police Department (SPR 20190681)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 11, 2019 SPR19/681 Chief John A. Walcek Wareham Police Department Wareham, MA 02571 Dear Chief W alcek: I have received the petition of Michael Gagne appealing the response of the Wareham 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 January 22, 2019, Mr. Gagne requested records concerning "a matter that took place in Buzzard's Bay in the area of Onset, Massachusetts on October 9, 2018." On March 11, 2019, the Department provided Mr. Gagne records in response to his request. Unsatisfied with this response, Mr. Gagne petitioned this office and as a result SPRl 9/681 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). Current Appeal In a letter to this office dated March 29, 2019, Mr. Gagne states, "I'm of the belief that the response of the Wareham Police is not fully responsive to the production of items requested in the letter. Therefore I'm making this request to your agency for assistance in gaining all that has been requested by my office in my letter to the Wareham Police Chief." Subsequent to the intervention by a member of the Public Records Division, I learned that the Department has reached out to Mr. Gagne to schedule a time to provide the requested documents. In a letter dated April 8, 2019, the Department writes, "[p]lease be advised that I was able to obtain a copy of the video from the pier in Onset, from the town IT department. I will 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 Walcek SPR19/681 Page 2 April 11, 2019 hand deliver to your office, if that works." Conclusion In light of the Department's April gth letter, as well as its communication with this office, this office encourages the Department and Mr. Gagne to communicate further to enable the Department to provide the requested public records. G. L. c 66, § IO(a)(i) (the request must reasonably describe the public record sought). 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). If unresolved issues remain, Mr. Gagne 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: Michael Gagne