Patrick J. Mason v. Ashland, Town of - Police Department (SPR 20202024)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 2, 2020 SPR20/2024 Janice Neitz Records Clerk Ashland Police Department 137 Main Street Ashland, MA 01723 Dear Ms. Neitz: I have received the petition of Patrick Mason of The Mason Group, Inc. appealing the response of the Ashland 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 5, 2020, Mr. Mason requested a copy of the 911 call involving a certain incident. On October 5, 2020, the Department provided a response. Unsatisfied with the Department’s response, Mr. Mason petitioned this office and this appeal, SPR20/2024, 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

Janice Neitz SPR20/2024 Page 2 November 2, 2020 Current appeal In its October 5, 2020 response, the Department indicates that it has provided all the requested records. In his appeal petition, Mr. Mason states “I was initial[ly] provided the Dispatch Log of the incident but not the 911 tape. I then called the Department and spoke with Janice Neitz[.] [She] explained she would request the tape and it would be forward to me via the web site. On October 19, 2020 I left a message for Mrs. Neitz and as of this date have yet to receive a response nor a copy of the 911 call.” In an email correspondence dated November 2, 2020, this office learned that the Department provided the responsive record to Mr. Mason. Conclusion Accordingly, I will consider this administrative appeal closed. Mr. Mason may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Patrick Mason