Arthur G. Grenier v. Bridgewater, Town of - Police Department (SPR 20211572)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 9, 2021 SPR21/1572 Ann Marie Gill Records Access Officer Town of Bridgewater Police Department 220 Pleasant Street Bridgewater, MA 02324 Dear Ms. Gill: I have received the petition of Arthur Grenier appealing the response of the Town of Bridgewater Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 27, 2021, Mr. Grenier requested copies of identified internal affairs records and reports. Prior appeal The requests were the subject of a prior appeal. See SPR21/1376 Determination of the Supervisor of Records (Supervisor) (June 14, 2021). Where this appeal was opened due to the Department not providing a response, I ordered the Department to provide Mr. Grenier with a response to his April 27th request. On June 16, 2021, Lieutenant Robert Bailey provided Mr. Grenier with Internal Affairs records pertaining to one of the Department’s Officers. The Department also informed Mr. Grenier that it has no Internal Affairs records pertaining to another specifically identified officer in Mr. Grenier’s request. Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). 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

Ann Marie Gill SPR21/1572 Page 2 July 9, 2021 Current appeal On June 25, 2021, Mr. Grenier petitioned the Supervisor of Records (Supervisor) requesting assistance contending the Department neither provided records for his April 27th request; nor, did the Department provide a response to the request for those records. As a result, this office opened the current appeal. 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). It is unclear whether the Department is in possession of the responsive reports pertaining to identified persons listed in Mr. Grenier’s request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). The Department must clarify whether the requested reports pertaining to the identified persons requested on April 27th exist, and will be provided to Mr. Grenier. Conclusion Accordingly, the Department is ordered to provide Mr. Grenier with a response to the request, 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.

Ann Marie Gill SPR21/1572 Page 3 July 9, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Arthur Grenier