Freedom Information v. Reading, Town of - Police Department (SPR 20222909)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 4, 2023 SPR22/2909 Lieutenant Detective Richard Abate Reading Police Department 15 Union Street Reading, MA 01867 Dear Lieutenant Detective Abate: I have received the petition of Freedom Information appealing the response of the Reading 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 November 2, 2022, Freedom Information requested: [1] Any reports, statements, or letters regarding the [Department’s] [a]ssets taken or received by the Town within the last three fiscal years. The information should include balances, transfers, debits and any credits to the account. Should the reports, statements, etc. not indicate where the funds have been spent, [we] would like a copy of all invoices paid above $5000; [2] …please provide an inventory of all funds, belongings, anything confiscated of value by police. How any such assets were disposed of during the last three years; and, [3] A copy of the policy and procedures regarding the deposit handling and how funds/assets can be transferred or withdrawn from the account. On November 16, 2022, the Department provided a response. Unsatisfied with the response, Freedom Information petitioned the Supervisor of records, and this appeal was opened. 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). 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

Lt. Detective Richard Abate SPR22/2909 Page 2 January 4, 2023 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) (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…”); 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). 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. The Department’s November 16th response In its November 16, 2022 response, the Department indicated, “[t]he Department intends to redact the above-referenced requested records due to the applicability of [Exemptions (a), G. L. c. 6, §§ 167-178B, and Exemption (c). Under Exemption (c), the Department asserted, “[t]he records requested contain dates of birth, social security numbers and bank information that have been redacted under this exemption.” Current appeal In the appeal petition, Freedom Information asserted: The only documents they sent to [Freedom Information] are part of the PDF file named response 1. They gave [Freedom Information] arrests for a few people. [Freedom Information thinks] the [Department] would have a written or electronic log for evidence, [c]ontaining data such as date rec’d, item description, amount of cash, status, notes, etc. Additionally, a document indicating if [the Department] still [has] the asset; was is sold or returned to the subject. Also, [the Department shows] they took in two phones in 4 years??? Their Facebook posts of arrests tell a different story. [Freedom Information] indicates it [does not] want any personal or confidential information about individuals. [Freedom Information] want[s] to see what is taken, and what happens to the items and cash. None of the procedures produced discuss those topics. [The Department is] accredited. [The Department has] to have procedures on those topics. Based on the Department’s response and Freedom Information’s petition regarding the records it asserts that it did not receive, it is unclear whether the Department has additional records responsive to the November 2nd request. It is also unclear whether the Department is withholding any further records pursuant to any exemptions in the Public Records Law. The duty

Lt. Detective Richard Abate SPR22/2909 Page 3 January 4, 2023 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Freedom Information with a response to the request 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Freedom Information