Kenzie A. Rhodes v. Hampshire County Sheriff's Department (SPR 20220338)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 23, 2022 SPR22/0338 Thomas Mitchell Director Hampshire County Sheriff’s Department 205 Rocky Hill Road Northampton, MA 01061 Dear Director Mitchell: I have received the petition of Kenzie Rhodes of the Finance Committee – Massachusetts Assembly appealing the response of the Hampshire County Sheriff’s Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 25, 2022, Ms. Rhodes requested the “[b]ond number, type, date of issuance, dollar amount and contact information (name, address, and email/phone contact of company which has Bonded the Sheriff, and any deputies . . .” Previous appeal This request was the subject of a previous appeal. See SPR22/0329 Determination of the Supervisor of Records (February 11, 2022). On February 10, 2022, the Department provided a response. Unsatisfied with the response, Ms. Rhodes petitioned this office and this appeal, SPR22/0338, 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 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

Thomas Mitchell SPR22/0338 Page 2 February 23, 2022 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 February 10th On February 10th, the Department provided a document in response to the request. Current appeal In her appeal, Ms. Rhodes requested an “…itemization of the coverage specific to the individuals, the breakdown amounts and the coverage dates.” Based on the Department’s response, it is unclear if the Department possesses any records responsive to the request. 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether responsive records exist. Conclusion Accordingly, the Department is ordered to provide Ms. Rhodes 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: Kenzie Rhodes