Kevin J. Goscila v. Lowell, City of - Police Department (SPR 20210035)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 19, 2021 SPR21/0035; SPR21/0037 Gina M. Atwood City of Lowell Police Department 50 Arcand Drive Lowell, MA 01852 Dear Ms. Atwood: I have received the petitions of Kevin Goscila appealing the nonresponse of the Lowell Police Department (Department) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Goscila sent two separate communications dated November 27, 2020 requesting “[a]ll names and employment positions of Lowell Police Department employees between the dates of January 1, 2016 and January 1, 2020,” and “between the dates of January 1, 2020 and November 27, 2020.” Having received no response, he petitioned this office. 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

Gina M. Atwood SPR21/0035; SPR21/0037 Page 2 January 19, 2021 Order Despite being notified of the opening of these appeals, no response has been provided. Accordingly, the Department is ordered to provide Mr. Goscila with a response to 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 response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin J. Goscila