Andrew Quemere v. Dartmouth Police Department (SPR 20191560)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11pe111isor of Records August 19, 2019 SPR19/1560 Elizabeth A. Medeiros Records Access Officer Dartmouth Police Depaiiment 249 Russells Mills Rd Dartmouth, MA 02748 Dear Ms. Medeiros: I have received the petition of Andrew Quemere appealing the response of the Dartmouth Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on July 5, 2019 Mr. Quemere requested "All current policies, memos/bulletins, fact sheets, and other informational materials (e.g., PowerPoint presentations, instructional videos, etc.) related to the drugs fentanyl and carfentanil." The Depaiiment responded on August 5, 2019, in which they claimed federal exemptions for withholding the bulletins. Unsatisfied with the Department's response, Mr. Quemere 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) (written response must "identify any records, categories of records or po1iions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). 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

Elizabeth A. Medeiros SPR19/1560 Page 2 August 19, 2019 The City's Augusts'" response In its August 5th response, the Department states "The Bulletins marked 'Law Enforcement Sensitive' will not be provided, distributed, or disseminated to the public, or other personnel who are not Law Enforcement." The Department cites the following exemptions for withholding the records: "(Freedom of Information Act: disclose for lawful purposes (5 US Code § 552b.), Crimes and Criminal Procedure Disclosure of classified information (18 USC § 798), and Bureau of Justice Assistance National Criminal Intelligence Dissemination oflnformation (28CFR PART 23))." Mr. Quemere appealed the Depaiiment's response because "[t]he department does not cite any exemptions to the Massachusetts state public records law nor are any specific reasons provided for withholding the documents." Burden of specificity in claiming exemptions The Depaiiment' s responses did not contain the specificity required in a denial of access to public records. Instead, the Depaiiment's responses merely cite federal law without any further explanation as to the applicability to the requested records. The Department is not permitted to issue a blanket denial without providing any further information with respect to the requested records. As a result, I find that the Depaiiment has not satisfied its burden in responding to this records request. The Depaiiment is advised that a records custodian is required to not only cite an exemption to the Massachusetts Public Records Law, but to specifically explain the applicability of the exemption to the requested records in order to comply with the Public Records Law and its Access Regulations. Conclusion Accordingly, the Department is ordered to provide Mr. Quemere with a response, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere