Rayla Campbell v. Fall River, City of - Police Department (SPR 20212371)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 23, 2021 SPR21/2371 Cynthia M. Page Records Access Officer City of Fall River Police Department 685 Pleasant Street Fall River, MA 02723 Dear Ms. Page: I have received the petition of Rayla Campbell appealing the response of the City of 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). Specifically, on July 16, 2021, Ms. Campbell requested arrest resports for an identified address. In a July 19, 2021 response, the City indicated that it would send the record(s) when it had them together. On July 21st, the City stated, “…I checked [the identified address], and [there] are no arrest reports at all. The only report I have, is the one that cannot be released pertaining to “Exemption (c) – Privacy.’” Prior appeal The requested record(s) were the subject of a prior appeal. See SPR21/1955 Determination of the Supervisor of Records (Supervisor) (August 12, 2021). In my August 21st determination, I found that the Department did not meet its burden in responding and withholding the record, in its entirety, under Exemption (c). As a result, I ordered the Department to provide Ms. Campbell with a response to the request consistent with my August 12th order, the Public Records Law, and its Regulations within 10 business days. On August 17, 2021, the Department provided Ms. Campbell with one record in its possession that is redacted under Exemptions (a) and (c) of the Public Records Law. Unsatisfied with the redacted report, Ms. Campbell petitioned the Supervisor, and the current appeal was opened. 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

Cynthia M. Page SPR21/2371 Page 2 September 23, 2021 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). The Department’s August 17, 2021 Response In its August 17th response that accompanied the redacted report, the Department stated the report was “[r]edacted pursuant to [G. L. c. 41, § 97D.] This law states that all reports of abuse perpetrated by family or household members defined in section 1 of chapter 209A and all communications between police officers and victims of such offenses or abuse shall not be public reports and shall be maintained by the [Department] in a manner that shall assure their confidentiality.” In addition, in its August 17th response, the Department also withheld content in the report under Exemption (c). The Department states, “[t]his law applies to record requests that implicate privacy interests. Information regarding juvenile residents of Massachusetts of the age of 17 and under are of an intimate detail of highly personal nature.” In camera inspection In order to facilitate a determination as to the applicability of G. L. c. 41, § 97D as it operates through Exemption (a), and the Exemption (c) claim made by the Department to withhold the content from the provided report, the Department must provide this office with an un-redacted copy of the responsive record for in camera inspection. See 950 C.M.R. 32.08(4). After I complete my review of the record, I will return the record to the Department’s custody and issue an opinion on the public or exempt nature of the record. The authority to require the submission of records for an in camera inspection emanates from the Code of Massachusetts Regulations. 950 C.M.R. 32.08(4); see also G. L. c. 66, § 1. This office interprets the in camera inspection process to be analogous to that utilized by the judicial system. See Rock v. Mass. Comm’n Against Discrimination, 384 Mass. 198, 206 (1981) (administrative agency entitled deference in the interpretation of its own regulations). Records

Cynthia M. Page SPR21/2371 Page 3 September 23, 2021 are not voluntarily submitted, but rather are submitted pursuant to an order by this office that an in camera inspection is necessary to make a proper finding. Records are submitted for the limited purpose of review. This office is not the custodian of records examined in camera, therefore, any request made to this office for records being reviewed in camera will be denied. See 950 C.M.R. 32.08(4)(c). This office has a long history of cooperation with governmental agencies with respect to in camera inspection. Custodians submit copies of the relevant records to this office upon a promise of confidentiality. This office does not release records reviewed in camera to anyone under any circumstances. Upon a determination of the public record status, records reviewed in camera are promptly returned to the custodian. To operate in any other fashion would seriously impede our ability to function and would certainly affect our credibility within the legal community. Please be aware, any cover letter submitted to accompany the relevant record may be subject to disclosure. Order Accordingly, the Department is ordered to provide this office with an un-redacted copy of the report for in camera inspection without delay. Sincerely, Rebecca S. Murray Supervisor of Records cc: Rayla Campbell