Thomas A. Barnico, Jr. v. Dedham, Town of - Police Department (SPR 20230164)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2023 SPR23/0164 Ronald Pucci Detail Officer Dedham Police Department 600 High Street Dedham, MA 02026 Dear Officer Pucci: I have received the petition of Thomas A Barnico Jr., Esq., appealing the response of the Dedham 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 12, 2022, Attorney Barnico requested “…any and all public records in the possession of the Dedham Police Department relating to [a specified incident report]…” On December 12, 2022, the Department responded. Unsatisfied with the Department’s response, Attorney Barnico petitioned this office and this appeal, SPR23/0164, 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. Att’y 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 December 12th response In its December 12, 2022, response the Department provided a copy of the requested 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

Ronald Pucci SPR23/0164 Page 2 February 9, 2023 incident report. Current appeal In his current appeal, Attorney Barnico stated that the Department did not provide all responsive records to his request because his request included the following, “…all public records texts, emails, letters, memos, notes, papers, photographs, recordings, statements, or any other type of stored information whether electronic, physical, or otherwise - that relate in any way to [the report] and/or the information that report includes.” In light of Attorney Barnico’s claim, I find the Department must clarify whether it possesses additional records responsive to the 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Attorney Barnico with a response to his 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Thomas A Barnico Jr., Esq.