Jim Pillsbury v. Framingham, City of - Police Department (SPR 20221367)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 16, 2022 SPR22/1367 Ronald Brandolini Chief of Police Framingham Police Department 150 Concord Street Framingham, MA 01702 Dear Chief Brandolini: I have received the petition of James Pillsbury appealing the response of the Framingham Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 6, 2022, Mr. Pillsbury requested, “may I know when in 2010 did Framingham buy the license plate readers, for how much and who approved the purchase? Where the money came from, how much was the yearly maintenance costs and when the LPR’s were no longer being used.” The Department provided a response on June 13, 2022. Unsatisfied with the Department’s response, Mr. Pillsbury petitioned this office and this appeal, SPR22/1367, 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. 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

Ronald Brandolini SPR22/1367 Page 2 June 16, 2022 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 June 13th Response On June 13, 2022, the Department stated that it “does not have any responsive documents or information related to this request.” Current Appeal In his appeal, Mr. Pillsbury stated, “I believe that the CFO and the Framingham Police department know when they were purchased and for how much, how they were paid for and who approved them. I believe the public has the right to know about LPR in the City as new ones have already been purchased.” No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Where Mr. Pillsbury poses questions relating to the license plate readers and the Department does not have a duty to answer questions, I will consider this appeal closed. Mr. Pillsbury may wish to consider asking for specific records relating to the license plate readers. If Mr. Pillsbury is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: James Pillsbury