Eitan Y. Goldberg v. Georgetown, Town of - Police Department (SPR 20211433)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 17, 2021 SPR21/1433 Lt. Scott Hatch Georgetown Police Department 47 Central Street Georgetown, MA 01833 Dear Lt. Hatch: I have received the petition of Eitan Goldberg, Esq. 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 May 31, 2021, Attorney Goldberg requested “[a]ll motor vehicle accident reports for your municipality from May 24, 2021 through May 30, 2021.” The Department provided a response on June 4, 2021. Unsatisfied with the Department’s response, Attorney Goldberg petitioned this office and this appeal, SPR21/1433, 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

Lt. Scott Hatch SPR21/1433 Page 2 June 17, 2021 The Department’s June 4th response In its June 4, 2021, response, the Department asserted that Attorney Goldberg’s requests were made for a commercial purpose. On June 7, 2021, Attorney Goldberg appealed to this office contending the “fact that the records are sought for a potential commercial purpose does not change the nature of the records as public, and the complete withholding of such records violates MGL c. 66, section 10.” Requests solely for a commercial purpose The Supervisor of Records may deny an appeal for, among other reasons, if, in the opinion of the Supervisor: the public records request is made solely for a commercial purpose. 950 C.M.R. 32.08(2)(b)(3). Please be aware, “commercial purpose” is defined as: The sale or resale of any portion of the public record or the use of information from the public record to advance the requester's strategic business interests in a manner that the requester can reasonably expect to make a profit including in addition to the foregoing, obtaining names and addresses from the public record for the purpose of solicitation. 950 C.M.R 32.02. Where the request is being made for a commercial purpose, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b); 950 C.M.R 32.02. Conclusion Accordingly, I will now consider this administrative appeal closed. If Attorney Goldberg is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Eitan Goldberg, Esq.