Pat Bender v. Dover, Town of - Police Department (SPR 20191192)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 26, 2019 SPR19/1192 Officer Nicole Bratcher-Heffernan Dover Police Department 3 Walpole Street Dover, MA 02030 Dear Officer Bratcher: I have received the petition of Pat Bender appealing the response of the Dover 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. Bender requested a copy of the Department's "daily log" from May 28, 2019. The Department responded to his request by providing the responsive record. Unsatisfied with the Department's response, Mr. Bender petitioned this office and this appeal was opened as a result. 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, § lO(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

Officer Nicole Bratcher-Hefferman SPR19/l 192 Page2 June 26, 2019 Appeal In Mr. Bender's petition for appeal, he asserts that the Department's response "is not satisfactory because the log fails to disclose the name, residential address and charges for arrestees as required by G. L. c. 41, § 98F." G. L. c. 41, § 98F provides that: Each police department and each college or university to which officers have been appointed pursuant to section 63 of chapter 22C shall make, keep and maintain a daily log, written in a form that can be easily understood, recording, in chronological order, all responses to valid complaints received, crimes reported, the names, addresses of persons arrested and the charges against such persons arrested. All entries in said daily logs shall, unless otherwise provided in law, be public records available without charge to the public during regular business hours and at all other reasonable times ... G. L. C. 41, § 98F. In a telephone conversation with the Department, the Department confirmed that it has provided Mr. Bender with all responsive records in its possession in their entirety. Further, the Department indicated that there were no arrests on the relevant date; therefore, the Department does not possess records reflecting the "names, addresses of persons arrested and the charges against such persons arrested" as required by G. L. c. 41, § 98F. Under the Public Records Law, 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 of records at the time of the request. See G. L. c. 66, § IO(a)(ii). Whereas the Department has provided all responsive records in its possession in their entirety, I find the Department has met its burden in responding to this request. See G. L. c. 66, § IO(a). Conclusion I will now consider this administrative appeal closed. If Mr. Bender is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § IO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ~~ Supervisor of Records cc: Pat Bender