Kenneth Knopf v. Norton, Town of - Police Department (SPR 20222171)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 5, 2022 SPR22/2171 Michelle Goodwin Records Administrator Norton Police Department 82 East Main Street Norton, MA 02766 Dear Ms. Goodwin: I have received the petition of Kenneth Knopf appealing the response of the Norton 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 September 6, 2022, Mr. Knopf requested “… the Police Report from Saturday, August 27th.” On September 19, 2022, the Department responded. Unsatisfied with the Department’s response, Mr. Knopf petitioned this office and this appeal, SPR22/2171, 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. 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. 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

Michelle Goodwin SPR22/2171 Page 2 October 5, 2022 The Department’s September 19th Response In its September 19, 2022 response, the Department cited Exemption (f) of the Public Records Law and pending litigation to withhold the requested records. In a communication between a Department representative and a staff attorney of the Public Records Division, the Department confirmed that there exists pending litigation with regard to the requested record and that the requested record is related to the active and ongoing litigation. In a response to this office provided on September 28, 2022, the Department advised that the requested record is currently in active litigation through the Attleboro District Court. See Commonwealth v. David Cohen 2234CR001131 and Commonwealth v. David Cohen 2234CR000603. 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 and further decline to opine on the applicability of Exemption (f) to the requested records. 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). Sincerely, Manza Arthur Supervisor of Records cc: Kenneth Knopf