Sean Sheridan v. Brockton, City of - Law Department (SPR 20220701)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 5, 2022 SPR22/0699; SPR22/0700 Allison M. Cogliano, Esq. SPR22/0701 Assistant City Solicitor 45 School Street - City Hall Brockton, MA 02301 Dear Attorney Cogliano: I have received the petition of Sean Sheridan appealing the response of the City of Brockton (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 10, 2022 and March 22, 2022, Mr. Sheridan requested the following public records: • any log or any records…that indicate or record transmission of calls made from or to Chief … police radio on May 15th, 2021 between 8pm and midnight. • any record that indicates the Mayors whereabouts on May 15th 2021 [and] … any records that show his location on May 14 & May 15 [and] his phone call records from 8pm to 11:59pm on May 15, 2021. • a copy of the phone call involving a Framingham phone number on the police chief’s phone bill sent to me … from Sunday, May 16, 2021 … The City responded on March 24, 2022. Unsatisfied with the response, Mr. Sheridan petitioned this office and these appeals, SPR22/0699, SPR22/0700 and SPR22/0701, were 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

Allison M. Cogliano, Esq. SPR22/0699; SPR22/0700 Page 2 SPR22/0701 April 5, 2022 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 City’s March 24th response In its March 24th response, the City asserted, “… the records you seek are the subjects of disputes in active litigation, administrative hearings or mediation. As such, requests through discovery and court subpoena are the appropriate avenue for you to obtain documents.” Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In a conversation between a City representative and a senior attorney of the Public Records Division, the City confirmed that there is a matter currently pending before the Wrentham District Court and the requested records are at issue in the active litigation. See Sean Sheridan v. Chief Emanuel Gomes Docket No. 2157AC002188. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Sean Sheridan