Andrew Quemere v. Beverly, City of - Police Department (SPR 20201758)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 5, 2020 SPR20/1758 Chief John LeLacheur Beverly Police Department 191 Cabot Street Beverly, MA 01915 Dear Chief LeLacheur: I have received the petition of Andrew Quemere appealing the response of the Beverly Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Quemere requested several categories of records pertaining to Department use-of-force incidents. The Department responded on September 21, 2020, producing responsive records. Unsatisfied with the Department’s response, Mr. Quemere petitioned this office and this appeal, SPR20/1758, was opened as a result. Current Appeal In his appeal petition, Mr. Quemere asserts that “the department redacted information without citing any exemptions.” In a September 21, 2020 email, the Department indicated that “[t]he information that was redacted was victim, and witness information.” Burden of specificity in claiming exemptions 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 burden of establishing the applicability of an exemption). The Department must provide further information regarding its exemption claims. 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

Chief John LeLacheur SPR20/1758 Page 2 October 5, 2020 Searchable Text In his appeal petition, Mr. Quemere states that the Department produced records “in a way that removed searchable text and other formatting characteristics.” Please be advised that pursuant to the Public Records Law, “[t]he records access officer shall, to the extent feasible, provide the public record in the requestor’s preferred format or, in the absence of a preferred format, in a searchable, machine readable format.” See G. L. c. 66, § 6A(d). Conclusion Accordingly, the Department is ordered to provide a response to Mr. Quemere, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Andrew Quemere