Tammy Ives v. Pittsfield, City of - Police Department (SPR 20221005)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 11, 2022 SPR22/1005 Abigail Hunt Records Access Officer Pittsfield Police Department 39 Allen Street Pittsfield, MA 01201 Dear Ms. Hunt: I have received the petition of Tammy Ives appealing the response of the Pittsfield Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 27, 2022, Ms. Ives requested calls for a certain address. The Department provided a response on April 29, 2022. Unsatisfied with the Department’s response, Ms. Ives petitioned this office and this appeal, SPR22/1005, 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 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. 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

Abigail Hunt SPR22/1005 Page 2 May 11, 2022 The Department’s April 29th Response In its April 29, 2022 response, the Department stated: To expedite the processing of your request, we suggest a reasonable modification of the scope of the request which will enable the agency to produce the records sought more efficiently and affordably. For instance, list the specific type of police reports sought and the incident date. For example: theft/stolen property, motor vehicle stop, alarm activation, disturbance… Current Appeal On May 1, 2022, Ms. Ives stated, “I just needed calls for [the address] that included landlord tenant issues such as anything to do with the property…Whatever you can find.” That same day, the Department responded, “Your request is too vague, please list the specific type of police reports sought. For example: theft/stolen property, motor vehicle stop, alarm activation.” Based on the Department’s April 29th and May 1st responses, it remains unclear if the Department possesses records responsive to the above request. Specifically, the Department must clarify whether it possesses records regarding police reports for the address at issue. 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). In accordance with the Public Records Law, 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). Conclusion Accordingly, the Department is ordered to provide Ms. Ives 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: Tammy Ives