Jean C. Jules v. Brockton, City of - Police Department (SPR 20222186)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 4, 2022 SPR22/2186 Sergeant Scott Besarick Brockton Police Department 7 Commercial Street Brockton, MA 02302 Dear Sergeant Besarick: I have received the petition of Jean Claude Jules appealing the response of the Brockton Police Department (Department) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On August 30, 2022, Mr. Jules requested “… a complete copy of the case file… for an incident that happened in the city of Brockton… resulting [in] the death of [named individual].” The Department responded on September 8, 2022. Unsatisfied with the Department’s response, Mr. Jules petitioned this office and this appeal, SPR22/2186, 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. Attorney 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 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

Scott Besarick SPR22/2186 Page 2 October 4, 2022 custodian must provide the responsive records. The Department September 8th Response In its September 8, 2022 response, the Department advised, “[p]lease make any records request for the murder investigation of [named individual] to the Plymouth County District Attorney’s Office.” 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). Based on the Department’s response, it is unclear if the Department possesses the specified records. The Department must clarify whether it has the requested records in its possession. Conclusion Accordingly, the Department is ordered to provide Mr. Jules with a response to the request, provided 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 this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Jean Claude Jules