Andrew P. Skipton v. Palmer, Town of - Police Department (SPR 20220136)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 3, 2022 SPR22/0136 Christopher Burns Chief of Police Palmer Police Department 4417 Main Street Palmer, MA 01069 Dear Chief Burns: I have received the petition of Andrew Skipton appealing the response of the Palmer Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 8, 2021, Mr. Skipton requested “… all Palmer Police dispatch radio traffic for 7-12-2017 from 5 pm to 10 pm, and copies of the Palmer police log book for 7-12- 2017 thru 7-13-2017.” Prior Appeals This request the subject of prior appeals. See SPR21/2545 Determination of the Supervisor of Records (October 15, 2021); SPR 21/3382 Determination of the Supervisor of Records (January 12, 2022). I closed my January 12th determination finding that I was unable to opine on Mr. Skipton’s request because Mr. Skipton did not provide the required response. On January 18, 2022, Mr. Skipton petitioned this office and this appeal, SPR22/0136, 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. 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

Christopher Burns SPR22/0136 Page 2 February 3, 2021 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 12th response In its October 12th response, the Department provided the requested records. Current Appeal In his current appeal, Mr. Skipton indicated that there are additional dispatch records that the Department did not provide. In a conversation between a Public Records Division staff attorney and a Department representative, the Department confirmed that it has no further records responsive to the request. No Duty to Create Records Please be advised, under the Public Records Law the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). 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 Where the Department does not possess any additional records responsive to Mr. Skipton’s requests, and has no duty to create records responsive to the requests, I will now consider this administrative appeal closed. If Mr. Skipton 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). Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Skipton