James P. McKenna, Esq. v. Municipal Police Training Committee (SPR 20200043)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 23, 2020 SPR20/0043 Mary Y. Bragg Municipal Training Committee 6 Adams Street Randolph, MA 02368 Dear Ms. Bragg: I have received the petition of Attorney James McKenna appealing the nonresponse of the Municipal Training Committee (Committee) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney McKenna requested documentation which details the de-escalation training requirements applicable to Massachusetts municipal police officers, documentation which details the training received by members of an identified police department and detective. Having received no response, he petitioned this office. I 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, § IOA(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 bmden 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); 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

Mary Y. Bragg SPR20/0043 Page 2 January 23, 2020 Order Despite being notified of the opening of this appeal and a communication from a member ofthe Public Records Division staff, no response has been provided. Accordingly, the Committee is ordered to provide Attorney McKenna with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Munay Supervisor of Records cc: James McKenna, Esq.