Sean Sheridan v. Bridgewater, Town of - Police Department (SPR 20221003)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 3, 2022 SPR22/1003 Ann Marie Gill Records Access Officer Bridgewater Police Department 220 Pleasant Street Bridgewater, MA 02324 Dear Ms. Gill: I have received the petition of Sean Sheridan appealing the response of the Bridgewater Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 31, 2022, Mr. Sheridan requested, dispatch records[,] phone calls[, and] incident reports related to [a] car crash on May 15, 2021 including but not limited to: police chief’s phone records[,] commanding [officer’s] phone records[,] responding officer phone records[,] photos, images, texts, pictures, [and] diagrams from 8pm to 11:59pm on May 15, 2021[.] On April 18, 2022, the Department responded. Unsatisfied with the response, Mr. Sheridan petitioned this office and this appeal, SPR22/1003, 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. 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 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

Ann Marie Gill SPR22/1003 Page 2 May 3, 2022 or redacted portion of the responsive record. The Department’s April 18th Response In its April 18, 2022 response, the Department noted that the dispatch records were sent on January 14, 2022 and that there were no other responsive records. Current Appeal In his current appeal, Mr. Sheridan stated that, “[s]ince city personnel did ultimately arrive on the scene the contact was obviously made to the city. For the [department] I am seeking any record of such contacts from MSP dispatch and [sic] and/or failed contact attempts from MSP dispatch on or about 8-10 pm on May 15, 2021.” In a call with a staff attorney with this Division and the Department’s representative, the Department’s representative confirmed that they do not have any additional responsive records. No responsive records Under the Public Records Law, the Department is not required to create records in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y. Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). Conclusion Accordingly, where the Department has confirmed that it has no records responsive to Mr. Sheridan’s request, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Sean Sheridan