Meg Britton-Mehlisch v. Pittsfield, City of - Police Department (SPR 20222761)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 13, 2022 SPR22/2761 Abigail Hunt Records Access Officer Pittsfield Police Department 39 Allen Street Pittsfield, MA 01201 Dear Ms. Hunt: I have received the petition of Meg Britton-Mehlisch appealing the response of the Pittsfield 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 31, 2022, Ms. Britton-Mehlisch requested “[c]opies of recordings and ShotSpotter reports for all ShotSpotter activations in Pittsfield from 2017 (01/01/17) to present.” On November 30, 2022, the Department responded. Unsatisfied with the Department’s response, Ms. Britton-Mehlisch petitioned this office and this appeal, SPR22/2761, 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. The Department’s November 30th Response In its November 30, 2022 response, the Department states, “[w]e have received your 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

Abigail Hunt SPR22/2761 Page 2 December 13, 2022 records [request for] Copies of recordings and ShotSpotter reports for all ShotSpotter activations in Pittsfield from 2017 (01/01/17) to present. Please note that this request should be made to ShotSpotter directly here – [URL provided.]” Current Appeal In her appeal, Ms. Britton-Mehlisch states, “[o]n Nov. 4, 2022 I received an email from a spokesperson for ShotSpotter…confirming the records I was seeking should be requested from the Pittsfield Police Department and not ShotSpotter.” Ms. Britton-Mehlisch asserts: The Pittsfield Police Department did not cite a reason why the records are exempt from disclosure, the reason for denying the request or the process to appeal the denial. The records I am seeking are public records as described by G.L. c. 66 § 10 and G.L. c. 4 § 7 and not subject to any exemption. Similar requests for these documents have been fulfilled by the Springfield Police Department and previously by the Pittsfield Police Department as demonstrated here and here [two links provided]. Based on the Department’s response, in conjunction with Ms. Britton-Mehlisch’s appeal, it is unclear if the Department possesses records responsive to the original request. 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). To the extent that records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Department is ordered to provide Ms. Britton-Mehlisch 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: Meg Britton-Mehlisch