Nicholas Rio v. Georgetown, Town of - Police Department (SPR 20210149)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 29, 2021 SPR21/0149 Lt. Scott Hatch Georgetown Police Department 47 Central Street Georgetown, MA 01833 Dear Lt. Hatch: I have received the petition of Nicholas Rio appealing the response of the Georgetown Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 18, 2021, Mr. Rio requested a police report for a specified incident. The Department provided a response on January 22, 2021, denying responsive records pursuant to Exemptions (a) and (c). Unsatisfied with the Department’s response, Mr. Rio petitioned this office and this appeal, SPR21/0149, 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. Current appeal In his January 22, 2021 appeal, Mr. Rio states, “[t]his is a request under the Massachusetts Public Records Law 950 CMR 32.08 Appeals for officer’s narrative 21-17 OF. As 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

Lt. Scott Hatch SPR21/0149 Page 2 January 29, 2021 the reporting party I would like to view the narrative for pertinent information related to the incident for what was discussed or stated by the officers or involved parties.” Based on the foregoing, it is unclear what the basis of Mr. Rio’s appeal is. Mr. Rio is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Accordingly, Mr. Rio must describe his specific objections to the Department’s January 22nd response. Conclusion Based on the above, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Nicholas Rio