Lucas Newbill v. Weymouth, Town of - Police Department (SPR 20201940)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 21, 2020 SPR20/1940 Captain Joseph Comperchio Weymouth Police Department 140 Winter Street Weymouth, MA 02188 Dear Captain Comperchio: I have received the petition of Lucas Newbill, Esq. of Law Offices of Lucas Newbill appealing the response of the Weymouth 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 October 7, 2020, Attorney Newbill requested “. . . a copy of any emails between [an identified Officer] and the Department of Children and Families in 2020[.]” Attorney Newbill later narrowed his request and requested “. . . any emails in the past three years between [the identified Officer] and [an identified individual] at the Department of Children and Families[.]” The Department responded on October 8, 2020. Unsatisfied with the Department’s response. Attorney Newbill petitioned this office and this appeal, SPR20/1940, 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 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

Captain Joseph Comperchio SPR20/1940 Page 2 October 21, 2020 custodian must provide the responsive records. The Department’s October 8th response Subsequent to the opening of this appeal, in an email correspondence on October 13, 2020, Attorney Newbill informed this office that the Department has complied with his request. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Lucas Newbill, Esq.