Mary E. Sikes v. Weston, Town of - Police Department (SPR 20211620)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 13, 2021 SPR21/1620 Chief Michael J. Goulding Weston Police Department 180 Boston Post Road By-Pass Weston, MA 02493 Dear Chief Goulding: I have received the petition of Mary Ellen Sikes appealing the response of the Weston Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 14, 2021, Ms. Sikes requested “access to and a copy of Number of complaints, internal and external, against Weston Police in general, or against individual officers, received between July 22, 2019 and June 14, 2021. Copy of these unredacted complaints except where redactions are required by law.” Previous Appeal This request was the subject of a previous appeal. See SPR21/1609 Supervisor of Records Determination (June 30, 2021). In my June 30th determination, I closed SPR21/1609 in light of the Department’s supplemental response, provided on June 29, 2021. Unsatisfied with the Department’s response, Ms. Sikes appealed, and this case 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

Chief Michael J. Goulding SPR21/1620 Page 2 July 13, 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. Current Appeal In her appeal petition, Ms. Sikes indicates that she is aware of a number of complaints that “were not included” in the Department’s June 29, 2021 response. Records in Existence In its July 8, 2021 response, the Department states that “this department has again diligently reviewed [the] June 14, 2021 public records request as well as [the Department’s] initial response to that request.” The Department asserts “that the Weston Police Department, using its classification of departmental records, has provided [Ms. Sikes] with all records responsive to the request for the time period specified.” 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). Conclusion Where the Department confirmed that it does not possess additional records responsive to Ms. Sikes’ request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mary Ellen Sikes