Olufunmilola Shelly v. Framingham, City of - Police Department (SPR 20221679)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 1, 2022 SPR22/1679 Robert Sibilio Records Access Officer City of Framingham Police Department 150 Concord Street Framingham, MA 01702 Dear Mr. Sibilio: I have received the petition of Olufunmilola Shelly appealing the response of the Framingham 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 July 15, 2022, Ms. Shelly requested “…traffic and parking citations issued to any [Department] or City-owned vehicle in 2022; and [a]ny directive issued by any [Department Chief, Department Deputy Chief, or City Mayor or City Chief Operating Officer (CCO)], asking [the Department] to stop ticketing a specific [C]ity or [Department] vehicle parked at a meter.” On July 21, 2022, the Department provided Ms. Shelly with a response indicating, “[a] search of parking tickets issued in 2022 revealed 0 parking tickets issued to municipal plates in 2022; The data extract related to traffic citations does not include registration plate type. Therefor[e] we are unable to search the data using registration plate type and answer your request; There are no written directives issued by the [Department] Chief of Police related to the ticketing of [C]ity-owned vehicles.” As a result of the Department’s July 21st response, Ms. Shelly petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition Ms. Shelly asserts that tickets were issued to City or Department-owned vehicles. Ms. Shelly seeks the information (tickets/citation information) pertaining to the vehicle of [an identified City employee], who regularly drives this particular vehicle that has a civilian plate, but is owned by the City. 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 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

Robert Sibilio, RAO SPR22/1679 Page 2 August 1, 2022 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). Based upon Ms. Shelly’s July 21st petition and assertion regarding the information that may be held by the Department, it is unclear whether the Department has additional records that may be responsive to Ms. Shelly’s request. 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Ms. Shelly with a response to her request in a manner consistent with 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Olufunmilola Shelly