Gino Spinelli v. Acton, Town of - Police Department (SPR 20213205)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 17, 2021 SPR21/3205 Rebecca LeBlanc Records Clerk Acton Police Department 371 Main St. Acton, MA 01720 Dear Ms. LeBlanc: I have received the petition of Gino Spinelli, Esq. appealing the response of the Acton 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 26, 2021, Attorney Spinelli requested “all documents and records of the Acton Police Department relating, concerning, or pertaining” to a referenced incident. Previous appeal This request was the subject of a previous appeal. See SPR21/3098 Determination of the Supervisor of Records (December 8, 2021). The Department provided a response on December 8, 2021. Unsatisfied with the Department’s response, Attorney Spinelli petitioned this office and this appeal, SPR21/3205, 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). 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. 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

Rebecca LeBlanc SPR21/3205 Page 2 December 17, 2021 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 December 8th Response In its December 8, 2021 response, the Department stated, “[u]nder exemption C: personal identifying information (G.L. c. 4, § 7 (26)(c)), in the Massachusetts Public Records Law, medical, health, and hospital records (G.L. c. 4, § 7 (26)(c)) have been redacted from incident report 2017-25764.” Exemption (c) Exemption (c) permits the withholding of: personnel and medical files or information and any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy; provided, however, that this subclause shall not apply to records related to a law enforcement misconduct investigation. G. L. c. 4, § 7(26)(c). Medical information that is of a personal nature and relates to a specifically named individual is exempt from disclosure. Brogan v. School Comm. of Westport, 401 Mass. 306, 308 (1987); Globe Newspaper Co., 388 Mass. at 438. There is a strong public policy in Massachusetts that favors confidentiality as to medical data about a person's body. Globe Newspaper Co. v. Chief Med. Examiner, 404 Mass. 132, 135 (1987). In the December 8th response, the Department explained that, “[m]ore specifically under the Dispatch remarks, the victim’s injuries were redacted. The Town of Acton did not have a full report. [The Town] provided what [it] had.” Based on the response, the Department has met its burden in responding to this request for records. Conclusion Accordingly, I will consider this administrative appeal closed. If Attorney Spinelli 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).

Rebecca LeBlanc SPR21/3205 Page 3 December 17, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Gino Spinelli, Esq.