Erin Stewart v. Worcester, City of - Police Department (SPR 20221651)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 28, 2022 SPR22/1651 Michael Vigneux Records Access Officer Worcester Police Department 911 Lincoln Square Worcester, MA 01608 Dear Mr. Vigneux: I have received the petition of Erin Stewart, of Citizens for Juvenile Justice, appealing the response of the Worcester 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 May 16, 2022, Ms. Stewart requested eight (8) categories of documents concerning school-related arrests and referrals. Claiming to not yet have received responsive records, Ms. Stewart petitioned this office and this appeal, SPR22/1651, 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. Att’y 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 Department’s July 22nd response In a July 22, 2022 letter to this office, the Department maintained that they had searched 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

Michael Vigneux SPR22/1651 Page 2 July 28, 2022 their records and had no requests submitted from Ms. Stewart’s name or email address. The Department also noted their intention to continue communicating with Ms. Stewart, stating that “… based [on] the information in the appeal acknowledgement, her request may require further clarification.” Subsequently, I learned that a representative from the Department intends on providing a further response to Ms. Stewart. Accordingly, the Department is ordered to provide Ms. Stewart with a response in accordance with the Public Records Law, its Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Stewart may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Erin Stewart Janice E. Thompson