Jordan Rich v. East Longmeadow, Town of - Police Department (SPR 20220111)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 25, 2022 SPR22/0111 Lori Hall Records Access Officer East Longmeadow Police Department 160 Somers Road East Longmeadow, MA 01028 Dear Ms. Hall: I have received the petition of Jordan Rich appealing the response of the East Longmeadow Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 7, 2022, Ms. Rich requested documents relating to a certain motor vehicle collision on August 29, 2021 and other motor vehicle offenses involving a named individual for the past three years. The Department provided a response on January 12, 2022. Unsatisfied with the Department’s response, Ms. Rich petitioned this office and this appeal, SPR22/0111, 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. The Department’s January 12th Response On January 12, 2022, the Department indicated it was “unable to find any updated 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

Lori Hall SPR22/0111 Page 2 January 25, 2022 documents relating to a car accident that occurred on 8/29/91 or any motor vehicle offenses involving [the named individual] in the past three years.” Current Appeal In her January 18, 2022 appeal, Ms. Rich stated, “I am seeking the reports where it was found that the suspect in police custody was [the named individual] and not [another named individual]. In the response that I received back from the Police Department (file titled Jordan Rich), I see that the accident date [the Department] listed is 8/29/91. This is wrong and should be 8/29/2021.” Based on the Department’s response, it is unclear if it possesses additional records responsive to the above request. Specifically, the Department must clarify whether it possesses records that demonstrate the identity of the person in police custody on August 29, 2021. 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 Accordingly, the Town is ordered to provide Ms. Hall with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jordan Hall