Jamie Truman v. Methuen, City of - Police Department (SPR 20200404)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 12, 2020 SPR20/0404 Captain Gregory Gallant Methuen Police Department 90 Hampshire Street Methuen, MA O1 844 Dear Captain Gallant: I have received the petition of Jamie Truman, of Critical MA News, appealing the nonresponse of the Methuen 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 January 15, 2020, Jamie Truman requested "[l]ists of all accounts blocked or banned by any official Methuen Police Department social media account." Claiming to not yet have received a response, Jamie Truman 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, § 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. As of the date of this letter, it is my understanding that a member of the Public Records staff has been in contact with the Department. They stated a response will be provided to Jamie Truman, but as of this date has not provided a response to the request for 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

Captain Gregory Gallant SPR20/0404 Page 2 March 12, 2020 Order Accordingly, the Department is ordered to provide Jamie Truman with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations without delay. 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. Jamie Truman may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Jamie Truman