Stephen Hedberg v. Orleans, Town of - Police Department (SPR 20230055)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 25, 2023 SPR23/0055 Courtney Harney Records Access Officer Orleans Police Department 99 Eldredge Park Way Orleans, MA 02653 Dear Ms. Harney: I have received the petition of Stephen Hedberg appealing the response of the Orleans Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 7, 2022, Mr. Hedberg requested all files related to Docket Number 2226AC001160-HR in the Orleans District Court. The Department provided a response on December 12, 2022. Unsatisfied with the Department’s response, Mr. Hedberg petitioned this office and this appeal, SPR23/0055, 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(d)(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). 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

Courtney Harney SPR23/0055 Page 2 January 25, 2023 The Department’s December 12th Response In its December 12, 2022 response, the Department stated that “[p]ortions of the requested records have been redacted pursuant to Exemption (c) and Exemption (f) of the Public Records Law.” In an email dated January 25, 2023, a Department representative informed a staff attorney of the Public Records Division that the requested records directly relate to a criminal case in which Mr. Hedberg is a defendant. Purpose of request; identity of requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Hedberg’s purpose in making the request has no bearing on the public status of any existing responsive records. 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. See 950 C.M.R. 32.08(2)(b). I therefore decline to opine on the applicability of Exemptions (c) and (f) of the Public Records Law to the requested records. 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: Stephen Hedberg