Wayne Napolitano v. Medford, City of - Law Department (SPR 20201858)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 15, 2020 SPR20/1858 Kimberly M. Scanlon, Esq. Acting City Solicitor Records Access Officer City of Medford 85 George P. Hassett Drive Medford, MA 02155 Dear Attorney Scanlon: I have received the petition of Wayne Napolitano appealing the response of the City of Medford (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Napolitano requested “a record of all internal affairs complaints and lawsuits filed against Medford police officers from January 1st, 2004 to September 1st, 2020.” The City responded to the request on September 2, 2020, indicating that it would provide records relating to lawsuits, and that the Medford Police Department possesses records relating to internal affairs complaints. Unsatisfied with the City’s response, Mr. Napolitano petitioned this office and this appeal, SPR20/1858, 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. 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

Kimberly M. Scanlon, Esq. SPR20/1858 Page 2 October 15, 2020 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. Current Appeal Subsequent to the opening of this appeal, the City provided a response on October 1, 2020, providing court dockets responsive to the request for lawsuits. With respect to the request for internal affairs complaints, the City’s Records Access Officer states that “the Medford Police Department has a Records Access Officer separate and apart from myself…who can respond to your request accordingly.” It is unclear whether the City’s Police Department (Department) has responded to this request. The Department is ordered to provide a response to this request in accordance with the Public Records Law and its Access Regulations within 10 business days. Sincerely, Rebecca S. Murray Supervisor of Records cc: Wayne Napolitano