Said Mghafri v. Quincy, City of - Police Department (SPR 20191416)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 24, 2019 SPR19/1416 Lieutenant Terrence McDonnell Quincy Police Depa1iment 1 Sea Street Quincy, MA 02169 Dear Lieutenant McDonnell: I have received the petition of Said Mghafri appealing the response of the Quincy Police Department (Depaiiment) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically on July 9, 2019, Mr. Mghafri requested various records from the Department. In a letter dated July 15, 2019, the Depaiiment informed Mr. Mghafri that there are no records responsive to his request. Unsatisfied with this response, Mr. Mghafri petitioned this office and as a result SPRl 9/1416 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). 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. No Duty to Create Records Please be advised, under the Public Records Law the Department is not required to create a record in response to a public records request. See G. L. c. 66, §6A( d). The duty to comply One Ashbmion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Lieutenant McDonnell SPR19/1416 Page 2 July 24, 2019 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, § 1O (a)(ii). Conclusion Whereas the Depaiiment does not possess records responsive to Mr. Mghafri's request and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Sincerely, ~a~ Supervisor of Records cc: Said Mghafri