J. Scott Lauer v. Lynn, City of - Police Department (SPR 20222015)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 14, 2022 SPR22/2015 Lieutenant Paul Cotter Lynn Police Department 300 Washington Street Lynn, MA 01902 Dear Lieutenant Cotter: I have received the petition of J. Scott Lauer, Esq., of the Federal Public Defender Office in the District of Massachusetts, appealing the response of the Lynn 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 13, 2022, Attorney Lauer requested copies of Department reports relating to an identified person. On August 5, 2022, the Department provided Attorney Lauer with a response that sought clarification of the request, and Attorney Lauer provided clarification on August 8th. After not receiving any further response from the Department, on September 2nd, Attorney Lauer petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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) (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 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). 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

Lieutenant Paul Cotter SPR22/2015 Page 2 September 14, 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. After this appeal was opened, a Senior Attorney in the Public Records Division contacted the Department by telephone and email; however, was unable to directly connect by telephone or email regarding this appeal. Therefore, it remains unclear whether the Department provided a further response after August 8th, or if the Department is in the process of providing a further response to Attorney Lauer. Order Accordingly, the Department is ordered to provide Attorney Lauer with a response to his request 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: J. Scott Lauer, Esq.