Barbara Williams v. Lexington, Town of - Police Department (SPR 20212918)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 17, 2021 SPR21/2918 Michael McLean Captain of Operations Lexington Police Department 1575 Massachusetts Ave Lexington, MA 02420 Dear Captain McLean: I have received the petition of Barbara Williams appealing the response of the Town of Lexington Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 20, 2021, Ms. Williams requested a named accident report. On October 20, 2021, the Town responded. Unsatisfied with the Department’s response, Ms. Williams petitioned this office and this appeal, SPR21/2918, 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). The Department’s October 20th response In the Department’s October 20, response the Department provided a redacted copy of the police report. The redactions were made pursuant to Exemptions (a) and (c). 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

Michael McLean SPR21/2918 Page 2 November 17, 2021 Current appeal In her October 30, 2021 appeal, Ms. Williams stated, “I wish to appeal the enclosed police report to correct some inaccuracies, contradictions and omissions.” The basis of Ms. Williams appeal is unclear. In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). It is uncertain whether Ms. Williams is alleging a violation of G. L. c. 66, § 10. Conclusion Ms. Williams is reminded that all petitions for appeal “shall specifically describe the nature of the requestor's objections to the response or failure to timely respond.” 950 C.M.R. 32.08(1)(f). Ms. Williams may wish to clarify this matter and her objections to the Department’s response. Sincerely, Rebecca S. Murray Supervisor of Records cc: Barbara Williams