Andrew Quemere v. Kingston, Town of - Police Department (SPR 20201828)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 1, 2020 SPR20/1828 Maurice Splaine Chief of Police Kingston Police Department 244 Main Street Kingston, MA 02364 Dear Chief Splaine: I have received the petition of Andrew Quemere appealing the response of the Kingston 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 September 22, 2020, Mr. Quemere requested “[a]ll videos and reports related to the September 22 police shooting at the Kingston Collection.” The Department provided a response on September 28, 2020, directing Mr. Quemere to contact a different custodian. Unsatisfied with the Department’s response, Mr. Quemere petitioned this office and this appeal, SPR20/1828, 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). 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. 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 Maurice Splaine SPR20/1828 Page 2 October 1, 2020 The Department’s September 28th response In its September 28, 2020 response, the Department states “[t]he incident is currently under investigation by Massachusetts State Police Investigators assigned to the Plymouth County District Attorney’s Office. Any requests for public records should be directed to the District Attorney’s Office.” Subsequent to the opening of this appeal, I learned that on September 29, 2020, the Department provided Mr. Quemere with a supplemental response which included responsive records pertaining to this request. Conclusion Accordingly, I will consider this administrative appeal closed. Mr. Quemere may appeal the substantive nature of the Department’s response within ninety calendar days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere