Stanley Mazurczyk v. Chelmsford, Town of - Police Department (SPR 20222561)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 28, 2022 SPR22/2561 Marissa Cameron Records Access Officer Chelmsford Police Department 2 Olde North Road Chelmsford, MA 01824 Dear Ms. Cameron: I have received the petition of Stanley Mazurczyk appealing the response of the Chelmsford 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 October 24, 2022, Mr. Mazurczyk stated “I’m in the process of filing civilian complaint against Department employee and found the complaint form has changed…I request the Department provide that information so I can complete the form…” The Department provided a response on November 7, 2022. Unsatisfied with the Department’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR22/2561, 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. 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

Marissa Cameron SPR22/2561 Page 2 November 28, 2022 The Department’s November 7th Response In its November 7, 2022 response, the Department advised it “…needs more information to answer your question However, the false statements disclaimer applies to the actual complaint itself, not other ancillary information on the form such as demographics, etc.” Current Appeal In his petition, Mr. Mazurczyk contests “…the Department falsely interpreted my request for records as an “inquiry”. Department’s response is substantively nonresponsive.” Based on the Department’s response, and Mr. Mazurczyk’s petition, I encourage the parties to communicate to facilitate providing records more efficiently. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). Mr. Mazurcyzk is advised that a public records request must reasonably describe the records sought. Mr. Mazurcyzk may wish to clarify his request to enable the Department identify the requested records. Conclusion Accordingly, the Department is ordered to provide Mr. Mazurcyzk with a response to the 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 this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Stanley Mazurczyk