Stanley Mazurczyk v. Chelmsford, Town of - Police Department (SPR 20230143)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 7, 2023 SPR23/0143 Alexandra Hayden Records Access Officer Chelmsford Police Department 2 Olde North Road Chelmsford, MA 01824 Dear Ms. Hayden: 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…” Previous appeals The requested records were the subject of previous appeals. See SPR22/2561 Determination of the Supervisor of Records (November 28, 2022) and SPR22/2927 Determination of the Supervisor of Records (January 6, 2023). The Department provided a response on January 19, 2023. Unsatisfied with the Department’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR23/0143, 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 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

Alexandra Hayden SPR23/0143 Page 2 February 7, 2023 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 January 19th Response In its January 19, 2023 response, the Department advised, “… here is our supplemental response as required by the Supervisor of Records. Per our Internal Affairs policy, demographic information, marital status, and dates of birth are not required.” The Department further asserted, “… [the] Department will investigate all complaints, even if made anonymously, utilizing whatever information provided by the complainant. Citizens are expected to complete the form to the best of their ability[.]” The Department provided a copy of the updated complaint form. Current Appeal In his petition, Mr. Mazurczyk states “… Department’s response is nonresponsive to original request filed with SPR22/2561 appeal. It is in conflict with Department’s response dated December 2, 2022. . .” Upon review of the file, the Department provided a response, including the updated complaint form. The Department subsequently provided additional information regarding the form on January 19, 2023. Based on the appeal petition, I find that the basis of Mr. Mazurczyk’s appeal is unclear. Mr. Mazurczyk is reminded that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). If Mr. Mazurczyk seeks an additional record other than what has been provided, he is advised to clarify the requested records or submit a public records request that reasonably describes the records sought to enable the Department identify the record(s). Once clarification has been provided or a request has been submitted, the Department must provide a response. Conclusion Accordingly, I am unable to issue a determination at this time. Mr. Mazurczyk may wish to clarify his specific objections to the Department’s response or provide clarification to the Department regarding the specific record(s) sought. Sincerely, Manza Arthur Supervisor of Records cc: Stanley Mazurczyk