Wayne Napolitano v. Middlesex District Attorney's Office (SPR 20201864)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 14, 2020 SPR20/1863 & SPR20/1864 Kim Gouveia Middlesex District Attorney's Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Ms. Gouveia: I have received the petitions of Wayne Napolitano appealing the nonresponse of the Middlesex District Attorney’s Office (Office) to his requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Napolitano submitted a request for records relating to a certain arrest from 2011 and a request for a police report relating to an identified arrest from 1989. Claiming to not yet have received a response, Mr. Napolitano petitioned this office and these appeals were 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

Kim Gouveia SPR20/1863 & SPR20/1864 Page 2 October 14, 2020 Conclusion Despite being notified of the opening of these appeals from a member of the Public Records Division staff, no response has been provided. Accordingly, the Office is ordered to provide Mr. Napolitano with a response to each of the requests, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such responses must be provided to this office. It is preferable to send an electronic copy of these responses to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Wayne Napolitano