Mark Booker v. Stoughton, Town of - Police Department (SPR 20221654)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 1, 2022 SPR22/1654 Jim O. Connor Keeper of the Records Stoughton Police Department 26 Rose Street Stoughton, MA 02072 Dear Mr. Connor, I have received the petition of Mark Booker appealing the response of the Stoughton 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 20, 2022, Mr. Booker requested internal affairs records pertinent to several employees. Prior Appeal The requested records were the subject of a prior appeal. See SPR22/1496 Determination of the Supervisor of Records (July 14, 2022). In my July 14th determination, I ordered the Department to provide a response. On July 15, 2022, the Department provided a response. Unsatisfied with the Department’s response, Mr. Booker petitioned this office and this appeal, SPR22/1654, 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, § l0A(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) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific 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

Jim O. Connor SPR22/1654 Page 2 August 1, 2022 exemption or exemptions upon which the withholding is based ...”); 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). The Department’s July 15th response In its July 15th response, the Department advised through its counsel, Katherine McNamara Feodoroff, Esq., of Mead, Talerman & Costa, LLC, that there is litigation pending and “…the files in question relate to a pending criminal case in the Stoughton District Court, specifically: Commonwealth v. William D. Hairston, Docket #2255CR000098.” Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Conclusion Accordingly, I will now consider this administrative appeal closed Sincerely, Manza Arthur Supervisor of Records cc: Jim O. Connor Katherine McNamara Feodoroff, Esq.