Stanley Mazurczyk v. Chelmsford, Town of - Police Department (SPR 20220931)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 29, 2022 SPR22/0931 Marissa Cameron Records Access Officer Chelmsford Police Department 2 Olde North Road Chelmsford, MA 91824 Dear Ms. Cameron: I have received the petition of Stanley Mazurczyk appealing the response of the Chelmsford Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 13, 2021, Mr. Mazurczyk requested, “… all records pertinent to this year’s re-accreditation effort. That would include cop(ies) of fees, police manhours spent and required to maintain re-accreditation status, hours Department spent during 2018-2021 cycle training its force to comply with those standards, copy of re-accreditation certificate, and correspondence with accrediting entity.” On September 27, 2021, Mr. Mazurczyk requested, “… all records pertinent to [reaccreditation] effort of Certified, Accredited and Re-Accredited including copies of fees, police man-hours spent and required to maintain re-accreditation status, hours department spent during 2018-2021 cycle training its force to comply with mandatory standards, copy of reaccreditation certificate, and correspondence with accrediting entity.” Prior Appeals This request was the subject of previous appeals. See SPR21/1354 Supervisor of Records Determination (June 9, 2021); SPR21/2740 Supervisor of Records Determination (November 2, 2021); SPR21/3129 Supervisor of Records Determination (December 14, 2021); SPR22/0718 Supervisor of Records Determination (April 11, 2022). In SPR22/0718, the Department provided Mr. Mazurczyk with a supplemental response on April 12, 2022. Unsatisfied with the Department’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR22/0931, was opened as a result. 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

Marissa Cameron SPR22/0931 Page 2 April 29, 2022 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. 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. The Department’s April 12th Response In its April 12, 2022 response, the Department stated, “In the attachments, you will find previous responsive emails to your request(s) and a copy of the 2018-2021 and 2021-2024 Re- Accreditation Certificates. Please note, our re-accreditation certificates are posted in the main lobby of the police department and can be viewed by the public 24/7.” Current Appeal In his current appeal, Mr. Mazurczyk indicated the response was “nonresponsive to my request. It appears to be designed to optimize fees but has little, nothing to do addressing substance of the request.” Conclusion I find that the basis of Mr. Mazurczyk’s appeal is unclear. For example, where the Department did not assess a fee in its supplemental response, it is unclear how the Department’s response is designed to optimize fees. Mr. Mazurczyk is reminded that all petitions for appeal, "shall specifically describe the nature of the requestor's objections to the response or failure to timely respond." 950 C.M.R. 32.08(1)(f). Please be aware that the request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i). Mr. Mazurczyk may wish to clarify this matter and his objections to the Department’s response. Accordingly, I will consider this appeal closed.

Marissa Cameron SPR22/0931 Page 3 April 29, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk