Andrew Quemere v. Suffolk County Sheriff's Department (SPR 20202072)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 4, 2020 SPR20/2072 Maria F. Romero, Esq. Suffolk County Sheriff's Department 200 Nashua Street Boston, MA 02114 Dear Attorney Romero: I have received the petition of Andrew Quemere appealing the nonresponse of the Suffolk County Sheriff's 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, Mr. Quemere requested five categories of records concerning the Department. 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, § l0A(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 theNorfolk 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. Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Department provided Mr. Quemere a response dated October 27, 2020. Conclusion In light of the Department’s October 27th response, I will now consider this administrative appeal closed. Mr. Quemere may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). 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

SPR20/2072 Maria F. Romero, Esq. Page 2 November 4, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere