Stanley Mazurczyk v. Chelmsford, Town of - Police Department (SPR 20213079)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 6, 2021 SPR21/3079 Marissa Cameron Chelmsford Police Records Chelmsford Police Department 3 Olde North Road Chelmsford, MA 01824 Dear Ms. Cameron: I have received the petition of Stanley Mazurczyk appealing the response of the Chelmsford Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 13, 2021, Mr. Mazurczyk requested, “… all records pertinent to this year’s re-accreditation effort. That would include cop(ies) of: fees, police man- hours spent and required to maintain re-accreditation status, hours Department spent during 2018-2021 cycle training its force to comply with those standards, copy of re-accreditation certificate, and correspondence with accrediting entity.” Prior appeal This request was the subject of a previous appeal. See SPR21/1354 Determination of the Supervisor of Records (June 9, 2021). The Department responded on October 7, 2021. Unsatisfied with the Department’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR21/3079, 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) (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 is based…”); 950 C.M.R. 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

Marissa Cameron SPR21/3079 Page 2 December 6, 2021 32.06(3); -see also D-ist. Attor-ney for th-e Norfolk- Dist. V.- Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). The Department’s October 7, 2021 Response In its October 7th response, the Department advised that all emails were produced and stated, “[t]here are no additional documents pertaining to your request. If we were to provide you with said emails, requests, and responses, you would be receiving duplicates of what you already have. Custodians are not obligated to answer questions as well.” Current appeal In Mr. Mazurczyk’s appeal he states, “I contend the department engages in making wide ranging suppositions meant to impugn my character without justification … Department … failed to identify emails and/or record requests it deems frivolous, intimidating or harassing. I find department’s suppositions threatening and October 14, 2021 response evasive and unresponsive.” Conclusion 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). Given that the Department has previously provided requested records, no violation of G. L. c. 66, § 10 has been asserted by Mr. Mazurczyk in his appeal petition. Accordingly. I am unable to opine at this time. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk