Rich Saltzberg v. Boston, City of - Police Department (SPR 20212053)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 24, 2021 SPR21/2053 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Rich Saltzberg of The Martha Vineyard's Times appealing the response of the Boston Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 8, 2021, Mr. Saltzberg requested the “… report number … and any other report, investigation finding(s) or other documentation regarding the 2009 arrest of [named persons].” On August 13, 2021, the Department responded. Unsatisfied with the response, Mr. Saltzberg petitioned this office and this appeal, SPR21/2053, was opened as 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) (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). 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

Shawn A. Williams, Esq. SPR21/2053 Page 2 August 24, 2021 The Department’s August 13th response In its August 13th response, the Department stated, “[p]lease find all responsive documents to your request attached in this email.” Current appeal In his appeal, Mr. Saltzberg stated, “… [the] report contains a number of redactions, including redactions of … names. The Department hasn't cited any exemptions as support for the redactions it made.” Burden of specificity; segregable portions Under the Public Records Law, the burden shall be on the custodian to cite with specificity the exemption which applies. 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). (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 ... "); see also Globe Newspaper ----------------- Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511 (custodian has the burden of establishing the applicability of an exemption). The Department is advised that a records custodian is required to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records in order to comply with the Public Records Law and its Access Regulations. The Department’s August 13th response did not contain the specificity required in a denial of access to public records. As a result, I find that the Department did not satisfy its burden in responding to this records request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). Conclusion Accordingly, the Department is ordered to review the request and provide a response to Mr. Saltzberg made in accordance with the Public Records Law, its Access Regulations and this order 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.

Shawn A. Williams, Esq. SPR21/2053 Page 3 August 24, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Rich Saltzberg