Patrick J. Mason v. NORTHAMPTON FIRE DEPT (SPR 20230177)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 7, 2023 SPR23/0177 Andrew Pelis Assistant Chief Northampton Fire Department 26 Carlon Drive Northampton, MA 01060 Dear Assistant Chief Pelis: I have received the petition of Patrick J. Mason, of The Mason Group, Inc., appealing the response of the Northampton Fire Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 16, 2023, Mr. Mason requested the 911 call, dispatch transmissions, log entries and all reports filed by the Department relating to an incident on January 8, 2023, at an identified location and business asking for medical assistance. On January 17, 2023, the Department provided the incident report. The same day, Mr. Mason emailed the Department seeking the requested log entries, 911 call and radio transmissions pertaining to Incident No. 2023181. With no further communication from the Department, Mr. Mason petitioned the Supervisor of Records (Supervisor), 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). 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 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

Assistant Chief Andrew Pelis SPR23/0177 Page 2 February 7, 2023 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). Subsequent to the opening of this appeal, Mr. Mason notified this office on February 4, 2023, that he has received the requested 911 call and the dispatch transmissions, but not the log entries. In an email correspondence on February 6, 2023, the Department informed this office that the responsive log entries have been provided to Mr. Mason. Conclusion Accordingly, where the Department has provided Mr. Mason with all the records he requested on January 16, 2023, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Patrick J. Mason