Francis McCourt v. Chicopee, City of - Police Department (SPR 20191430)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 1, 2019 SPR19/1430 Chief William Jebb Chicopee Police Department 110 Church Street Chicopee MA, 01020 Dear Chief Jebb: I have received the petition of Mr. Francis McCourt appealing the non-response of the Chicopee Police Department (Department) to a request for records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. McCourt requested "all police misconduct reports conducted by Internal Affairs, with reference to Detective Richard P. Kopeski #122 and Detective Frank M. Kagan #65." 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, § 1O (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

Chief William Jebb SPR19/1430 Page 2 August 1, 2019 Order Accordingly, the Department is ordered to provide a response to Mr. McCourt 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. Mr. McComi 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: Francis McCourt