Angel L. Pagan v. Hampden County District Attorney's Office (SPR 20222046)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 20, 2022 SPR22/2046 Joseph A. Pieropan, Esq. Records Access Officer Hampden County District Attorney’s Office 50 State Street Springfield, MA 01102 Dear Attorney Pieropan: I have received the petition of Angel Pagan appealing the response of the Hampden County District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 20, 2021, Mr. Pagan requested twelve items of records relating to a homicide in Springfield, Massachusetts on October 20, 1994. Previous Appeals This request was the subject of previous appeals. See SPR22/0346 Determination of the Supervisor of Records (February 24, 2022); SPR22/1157 Determination of the Supervisor of Records (June 1, 2022); SPR22/1481 Determination of the Supervisor of Records (July 12, 2022); and SPR22/1689 Determination of the Supervisor of Records (July 28, 2022). In my July 28th determination, I ordered the office to provide a response to Mr. Pagan. Subsequently the Office responded on August 10, 2022. Unsatisfied with the Office’s response, Mr. Pagan appealed, and this case 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. 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

Joseph A. Pieropan, Esq. SPR22/2046 Page 2 September 20, 2022 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 Office’s August 10th Response In its August 10, 2022 response, the Office states that it is providing 6 documents, and refers to a previous 2015 response for withholding twelve others. Burden of Specificity In this case the Office has not met its burden for withholding responsive records. Based on the Office’s response, it is unclear which exemptions the Office is citing in order to withhold the requested records. Further, the Office has not identified the records it intends to withhold. The Office must clarify these matters. See G. L. c. 66, § 10(b)(iv) (a 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”). See also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511; Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Conclusion Accordingly, the Office is ordered to provide Mr. Pagan with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Angel Pagan (by mail)