Eoin Higgins v. Pittsfield, City of - Police Department (SPR 20212850)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 8, 2021 SPR21/2850 Kerri Striebel Records Access Officer Police Department City of Pittsfield 39 Allen Street Pittsfield, MA 01201 Dear Ms. Striebel: I have received the petition of Eoin Higgins appealing the response of the Pittsfield Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 26, 2021, Mr. Higgins requested: [A]ll emails and attachments, from January 1, 2019 to January 1, 2020, from and to members of the Pittsfield Police Department concerning Amazon Ring. These records include, but are not limited to, emails and attachments from [two named officers] having to do with the Amazon Ring giveaway in June 2019, as well as any Amazon Ring partnership, official or otherwise, with the department. In an email to the Department and this office on October 5, 2021, Mr. Higgins provided a modification to his original request “to not include solicitations or advertisements.” Previous Appeals This request was the subject of previous appeals. See SPR21/2118 Supervisor of Records Determination (September 1, 2021); SPR21/2240 Supervisor of Records Determination (September 15, 2021); SPR21/2433 Supervisor of Records Determination (October 5, 2021); SPR21/2433 Supervisor of Records Determination (October 21, 2021). In my October 21st determination, I found it unnecessary to address a reconsideration of my October 5th letter given that Mr. Higgins had modified his original request. Subsequently, the Department responded to Mr. Higgins’ modified request on October 5, 2021. Unsatisfied with the Department’s response, Mr. Higgins appealed, and this case was opened as a result. 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

Kerri Striebel SPR21/2850 Page 2 November 8, 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 agency or municipality 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. 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 October 22nd Response In its October 22, 2021 response, the Department states the following: An email archive search did not return any relevant results. There were no communications between [the two named officers], a search for inbound emails from ring.com also did not return any results beyond advertisements/solicitations. In response to a follow-up email from Mr. Higgins on the same day, the Department confirmed that it has “no responsive documents.” Records in Existence 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 records responsive to Mr. Higgins’ request, I will now consider this administrative appeal closed. If Mr. Higgins is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Kerri Striebel SPR21/2850 Page 3 November 8, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Eoin Higgins