Maggie Mulvihill v. Boston, City of - Police Department (SPR 20190694)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 17, 2019 SPR19/0694 Sergeant Detective John Boyle Boston Police Department One Schroeder Plaza Boston, MA 02120 Dear Sgt. Det. Boyle: I have received the petition of Maggie Mulvihill appealing the non-response of the Boston Police Department (Department) G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Ms. Mulvihill requested records relating to overtime pay and internal action for overtime pay for specified time periods. On February 25, 2019 the Department provided a communication to Ms. Mulvihill indicating that the City had received the request and may need additional time to provide any responsive records. It is my understanding that the Department has not provided a further response. 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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. Det. Boyle SPR19/0694 Page2 April 17,2019 Order Accordingly, the Department is ordered to provide a response to Ms. Mulvihill made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Mulvihill 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: Maggie Mulvihill Shawn Williams, Esq.