John DeNicola v. Quincy, City of - Police Department (SPR 20191377)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 25, 2019 SPR19/1377 Lieutenant Terence McDonnell Quincy Police Department 1 Sea Street Quincy, MA 02169 Dear Lt. McDonnell: I have received the petition of John DeNicola appealing the response of the Quincy Police (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically on June 26, 2019, Mr. DeNicola requested: 1. Any and all phone records made to Mr. DeNicola by Officer Potter on 12/31/18 or after said date; 2. Any and all written, telephonic, or electronic correspondence between officer Potter . and Mr. Comerford; · 3. Any and all written, telephonic, or electronic correspondence between Police Prosecutor, Mr. Comerford or Officer Potter; 4. Any and all phone records from 2/26/19, 6/11/19 and 6/12/19 pertaining to incident 18064975; 5. Any and all records of Officer and or Officers who obtained Mr. DeNicola's personal information; 6. Any and all information to which Supervising Officer who approved said charges. Tlte 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 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

Lt. Terence McDonnell SPR19/1377 Page 2 July 25, 2019 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Determination The Department further responded to Mr. DeNicola on July 24, 2019 and Mr. DeNicola objected to that response. In light of that response, a further appeal has been opened. These issues will be addressed in the new appeal, (SPRl 9/1490). I will now consider this administrative appeal closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Lt. Terence McDonnell