Debra O'Dowd v. Millis, Town of - Police Department (SPR 20192432)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

December 19, 2019 SPR19/2432 David C, Jenkins, Esq.

KP Law

101 Arch Street, 11" Floor

Boston, MA 02110

' Dear Attorney Jenkins:

I have received the petition of Debra O’ Dowd appealing the response of the Town of Millis (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.MLR. 32. 08(1). Specifically, Ms. O’Dowd requested a copy of a certain phone call she made to the Millis Police Department.

Previous Appeals

This request was the subject of previous appeals. See SPR 19/1993 Determination of the Supervisor of Records (October 16, 2019); SPR 19/1781 Determination of the Supervisor of Records (September 17, 2019); SPR 19/1531 Determination of the Supervisor of Records (August 14, 2019), In my October 16" determination I ordered the Town to provide Ms. O’Dowd with a supplemental response to her request for records, consistent with that order and the Public Records Law. -

The Town provided this response on December 3, 2019, producing a transcript of a call made by Ms. O’Dowd to the Millis Police Department. Unsatisfied with this response, Ms. O’Dowd petitioned this office and this appeal, SPR 19/2342, 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, § 10A(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, § 10(b)(iv); 950 C.M.R. 32,06(3); see also Dist.

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 .

David C, Jenkins, Esq. SPR19/2432 Page 2 December 19, 2019

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. .

Current Appeal

In its December 3"! response, the Town states: “...you had requested the production of a recording of a specific 911 call made to the station. The town has made a search of its records and has determined that there is no 911 call that falls within your request.” The Town continues: “[t]he town does have a transcript of a call made to a recorded line at the police department which would fall within your request....please find attached a transcript of the entire recording. There have been no redactions and the transcript is complete.”

In her appeal petition, Ms. O’Dowd states that “[w]hat they sent me was a lie there was never a conversation that long....” In a December 16, 2019 email to Attorney David Jenkins, Ms. O’ Dowd further states: “I know exactly what the call was what you provided was not it.” In response to Ms. O’Dowd’s emails, Attorney Jenkins states in a December 16" email that he “Thas] done everything I am able to confirm that you have received the record of the phone call that you [requested]. On the basis of all the information available to the town you have been provided with the information you have requested and as directed by the Supervisor of Records.”

Based on the Town’s and Attorney Jenkins’ responses, I find that the Town has met its burden to produce records responsive to this request. The Town has confirmed in writing that it has provided the transcript for the only call it possesses that is responsive to Ms. O’Dowd’s request. Accordingly, I find that the Town has met its burden in responding to this request.

Conclusion

Whereas the Town has confirmed that it has produced all records responsive to this request, I will consider this administrative appeal closed.

If Ms. O’Dowd is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of Commonwealth. See G. L. c, 66, § 10(b) (pursuing administrative appeal does not limit availability of judicial remedies).

Sincerely,

Chosen Muna

Rebecca S. Murray

Supervisor of Records ce: Debra O’ Dowd