John Q. Public v. Fall River, City of - Police Department (SPR 20211627)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 13, 2021 SPR21/1627 Captain Barden Castro Fall River Police Department 685 Pleasant Street Fall River, MA 02721 Dear Captain Castro: I have received the petition of John Public appealing the response of the Fall River 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 24, 2021, John Public requested the following: 1. The officer’s name assigned to cruiser #14 on 06/18/2021. 2. Any and all complaints made by the public against the officer in question. 3. Said officer’s hire date with FRPD. The Department responded on June 29, 2021, stating that “[n]o such record exists for the time frame provided.” Unsatisfied with the Department’s response, John Public 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 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Captain Barden Castro SPR21/1627 Page 2 July 13, 2021 Current Appeal In his appeal petition, John Public states that he is “trying to obtain the officer’s name, in addition to other relevant information, who was driving FRPD Cruiser #14 on a given day. Said officer used foul language and degraded a member of the public. [John Public is] trying to make a formal complaint but [has] been denied the officer in question’s name other pertinent information.” Records in Existence In an email to this office on July 6, 2021, a representative for the Department explained that he “had checked the records of the Fall River Police Department in regard to the complainant’s original request when he first submitted it. FRPD car 14, which corresponds to patrol sector 14, was not manned on June 18, 2021, while it is plausible that car 14 was used on that date in some other capacity [the Department is] unable to find a record indicating that it was used.” The Department further explained that “as such [the Department is] unable to provide an answer on the other two questions/requests posed by ‘John Public.’” 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 has confirmed that it does not possess additional records responsive to John Public’s request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: John Public