Laura Terrasi v. Walpole, Town of - Police Department (SPR 20212531)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 15, 2021 SPR21/2531 Judy Ryan-Decker Walpole Police Department 50 South Street Walpole, MA 02081 Dear Ms. Ryan-Decker: I have received the petition of Laura Terrasi, Esq. of Melick & Porter, LLP, appealing the response of the Walpole 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 3, 2021, Attorney Terrasi requested certain records, including “[t]he settlement agreement between the Town of Walpole/Walpole Police Department and [named individual] for her charge of discrimination complaint.” Previous appeal This request was the subject of a previous appeal. See SPR21/2149 Determination of the Supervisor of Records (September 3, 2021). In my September 3rd determination, I found the Department had not met its burden to withhold the settlement agreement, in its entirety, from disclosure under Exemption (c). Accordingly, the Department was ordered to provide Attorney Terrasi with a response. Subsequently, the Department provided a supplemental response on September 28, 2021. Unsatisfied with the Department’s response, Attorney Terrasi petitioned this office and this appeal, SPR21/2531, 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 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

Judy Ryan-Decker SPR21/2531 Page 2 October 15, 2021 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. 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. The Department’s September 28th response In its September 28, 2021 response, the Department enclosed a copy of the release and settlement agreement in redacted form. Although the Department provided the responsive records in redacted form, it is unclear from the Department’s response what information has been redacted from the records and what exemption(s) under the Public Records Law the Department is claiming to withhold the redacted information. See G. L. c. 66, § 10(b)(iv) (a written response shall “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 . . .”); Flatley, 419 Mass. at 511 (custodian has the burden of establishing the applicability of an exemption). Consequently, the Department must provide additional information regarding the redactions made in the responsive record and provide specificity as to why these portions are exempt from disclosure under the Public Records Law. Conclusion Accordingly, the Department is ordered to provide Attorney Terrasi with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Laura Terrasi, Esq.