Rafael Torres v. Lowell, City of - Police Department (SPR 20200133)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11pe11>isor ofR ecords February 5, 2020 SPR20/0133 Jackie Cook Head Clerk/RAO Lowell Police Department 50 Arcand Drive Lowell, MA 01852 Dear Jackie Cook: I have received the petition of Rafael Torres appealing the nonresponse of the Lowell Police Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically on December 30, 2019, Mr. Torres requested various categories of records concerning an identified individual. 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, § IO(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. Conclusion Subsequent to the intervention by a staff member of the Public Record's Division, I learned that the Department provided Mr. Torres a response dated January 17, 2020. In light of the Department's January 1J t11 letter, I will now consider this administrative appeal closed. Mr. Torres may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.rna.us

SPR20/0133 Jackie Cook Page 2 February 5, 2020 Sincerely, ~ o/l1MMfJAj Rebecca S. Murray ·· I Supervisor of Records cc: Rafael T01Tes