Allison Jarmanning v. Massachusetts National Guard - Joint Force Headquarters (SPR 20201107)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 21, 2020 SPR20/1107 SGT Lindsay A. Mason Paralegal NCO Office of the Staff Judge Advocate JFHQ, MAARNG 55 Grenier Street Hanscom AFB, MA 01731 Dear SGT Mason: I have received the petition of Allison Jarmanning of WBUR appealing the nonresponse of the Massachusetts National Guard (Guard) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on June 1, 2020, Ms. Jarmanning requested the following in regards to “the protests that occurred on Sunday May 31 into the morning of June 1 in Boston”; ● “any body camera footage ● any arrest reports ● any use of force reports ● any citizen complaints tied to the incident. ● any reports or information about injuries to police ● any communications from Boston or State Police regarding National Guard assistance for the protests.” Claiming to not yet have received a response, Ms. Jarmanning 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, § 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). 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

SGT Lindsay A. Mason SPR20/1107 Page 2 July 21, 2020 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); 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Despite being notified of the opening of this appeal from a member of the Public Records Division staff, no response has been provided. Accordingly, the Guard is ordered to provide Ms. Jarmanning with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations as soon as 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: Allison Jarmanning