Jordan Rich v. Springfield, City of - Police Department (SPR 20200959)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 26, 2020 SPR20/0959 Andrea L. Stone Public Records Coordinator Springfield Police Department 130 Pearl Street Springfield, MA 01105 Dear Ms. Stone: I have received the petition of Jordan Rich of Lajoie Investigations, Inc. appealing the response of the Springfield Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically on June 4, 2020, Mr. Rich requested the following documents for an incident that occurred on August 25, 2019: “1. The accident report regarding the 2019 black Toyota Tacoma, [with identified] NY Reg. [plate number] 2. Any detective’s reports or documents that were generated due to this incident 3. Any photos or videos taken at the accident scene/recovery location (identified avenue] Springfield, MA.” Unsatisfied with the response, Mr. Rich appealed and SPR20/0959 was opened as 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) (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 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 SPR20/0959 Page 2 June 26, 2020 burden of establishing the applicability of an exemption). The Department’s June 5th response In its June 5th response, the Department stated, “this is the report you requested” and provided an Incident and Narrative report. Mr. Rich advises that he received no response for the accident report, detective’s reports/documents and photos/videos taken at the accident scene. 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, § 10(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 Department’s June 5th response did not contain the specificity required in a denial of access to public records. As a result, I find that the Department did not satisfy its burden in responding to this records request. The Department must identify what records it has in its possession, custody or control that are responsive to Mr. Rich’s request. Further, the Department must cite an exemption if the Department intends to withhold the records. Order Accordingly, the Department is ordered to provide Mr. Rich with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations as soon as is practicable. 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: Jordan Rich