Gregg Sheldon v. Lexington, Town of - Police Department (SPR 20213299)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 3, 2022 SPR21/3299 Michael McLean Captain of Operations Lexington Police Department 1575 Massachusetts Avenue Lexington, MA 02173 Dear Captain McLean: I have received the petition of Gregg Sheldon appealing the response of the 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 November 23, 2021, Mr. Sheldon requested a specific accident report. The Department responded on November 24, 2021, providing a copy of the responsive report in redacted form. Unsatisfied with the Department’s response, Mr. Sheldon appealed, and this case 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 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. Att’y 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. 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 SPR21/3299 Page 2 January 3, 2022 Current Appeal In his appeal petition, Mr. Sheldon states the following: 1. The police report fails to show the dedicated left tum lane (which is clearly marked on the road, as well as on Google Maps) on Hartwell Avenue at the scene of the accident. Vehicle 3 was in the left-hand tum lane as Vehicle 2 approached the intersection. Vehicle 2 did NOT swerve to the right to go around Vehicle 3. At no time was Vehicle 2 following Vehicle 3 as indicated in the police report drawing. Vehicle 3 was several hundred yards ahead of Vehicle 2 and had ALREADY STOPPED in the dedicated left turn lane as Vehicle 2 approached the intersection. Vehicle 2 maintained its direction and speed in the main travel lane that proceeds straight. As Vehicle 2 was coming alongside Vehicle 3, Vehicle 1 pulled away from the stop sign on McGuire and into the oncoming traffic in the main travel lane, thus causing the accident 2. At no time did the police officer approach me to ask what happened, but rather walked away from me discussing the accident with the driver of Vehicle 1. 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. See G. L. c. 66, § 10A(a). In his appeal petition, Mr. Sheldon has not alleged a violation of G. L. c. 66, § 10 by the Department. Consequently, the basis of Mr. Sheldon’s appeal is unclear. I understand a staff attorney from the Public Records Division attempted to reach Mr. Sheldon by phone without success. Conclusion Accordingly, I will now consider this administrative appeal closed. Mr. Sheldon is advised that if he seeks edits or changes to the accident report in question, he may wish to seek advice from private legal counsel. Sincerely, - ~ '' - ,' . ' . -' '. Rebecca S. Murray Supervisor of Records cc: Gregg Sheldon (by mail)