Fabian Makhanda v. Springfield, City of - Police Department (SPR 20200423)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 10, 2020 SPR20/0423 Andrea L. Stone Public Records Coordinator Springfield Police Department 130 Pearl Street Springfield, MA 01105 Dear Ms. Stone: · I have received the petition of Fabian Makhanda appealing the response of the Springfield 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 February 26, 2020, Mr. Makhanda requested," ... the arrest record of an [identified individual] ... from 1989." 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 portions 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). The Department's February 261 response " The Department responded on February 26111 and denied access to responsive records pursuant to Massachusetts Department of Criminal Justice Information Service (DCJIS) iCori system and a link was provided for contact information. Unsatisfied with the result, Mr. Makhanda petitioned this office and this appeal SPR20/0423 was opened as a result. 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

Andrea L. Stone SPR20/0423 Page 2 March 10, 2020 In its February 26th response the Depa1iment stated that, "criminal record information is not a public record in Massachusetts." The Department cites the DJIS iCori system as the reasoning for withholding the requested records and advised that requests for criminal record information must be submitted through the DJIS iCori system. Burden of specificity in responding and claiming exemptions Under the Public Records Law, the burden shall be on the custodian to cite with specificity the exemption which applies. G. L. c. 66, § IO(b)(iv) (written response must "identify any records, categories of records or portions 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 ... "); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511 (custodian has the burden of establishing the applicability of an exemption). The Department is advised that a records custodian is required to not only cite an exemption, 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. The Depaiiment's February 26th response did not contain the specificity required in a denial of access to public records. Further, the Department did not state whether the records can be redacted. As a result, I find that the Department did not satisfy its burden in responding to this records request. Order Accordingly, the Depaiiment is ordered to provide Mr. Makhanda 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. Murray Supervisor of Records cc: Fabian Makhanda