Kathleen Turner v. Lowell, City of - Police Department (SPR 20211276)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 7, 2021 SPR21/1276 Jackie Cook Keeper of Records Lowell Police Department 50 Arcand Drive Lowell, MA 01852 Dear Ms. Cook: I have received the petition of Kathleen Turner appealing the response of the Lowell Police Department (Department) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 24, 2021, Ms. Turner requested “all documentation and police reports pertaining to the dates of December 18th, 2020; December 19th, 2020; and December 20th, 2020.” Previous appeal This request was the subject of previous appeals. See SPR21/0933 Determination of the Supervisor of Records (April 13, 2021); SPR21/0997 Determination of the Supervisor of Records (May 17, 2021). The Department responded on May 17, 2021 and provided redacted records to Ms. Turner. Unsatisfied with the Department’s response, Ms. Turner petitioned this office and this appeal, SPR21/1276, 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 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

Jackie Cook SPR21/1276 Page 2 June 7, 2021 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. The Department’s May 17th response In Ms. Turner’s appeal on May 20, 2021 to this office, she acknowledges that she “received a heavily redacted version of the report that [she] requested that does not include relevant information such as police officer names, locations, cars numbers, supplemental reports, etc.” She says the Department has “not stated which exemptions under the public records law would allegedly allow the LPD to withhold these portions of the records.” Ms. Turner also believed there were “no exemptions that would cover this information to be redacted.” Based on the Department’s May 17th response, it is unclear what exemption(s) it is claiming to withhold the redacted information from disclosure. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § 10(b)(iv); see also 950 C.M.R. 32.06(3)(c)(4). A records custodian is required to not only cite an exemption but to specifically explain the applicability of the exemption to the requested records for compliance with the Public Records Law. G. L. c. 66, § 10(b)(iv). The Department must clearly cite the exemption(s) claimed to redact the records and explain whether any exemption claimed has been narrowly tailored. Conclusion Accordingly, the Department is ordered to provide Ms. Turner with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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: Kathleen Turner