James Murphy v. Quincy, City of - Police Department (SPR 20230443)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 17, 2023 SPR23/0443 Lieutenant Terence McDonnell Quincy Police Department 1 Sea Street Quincy, MA 02169 Dear Lieutenant McDonnell: I have received the petition of James Murphy appealing the response of the Quincy Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 7, 2022, Mr. Murphy requested a “... copy of all police reports and documents pertaining to an arrest which occurred on May 25, 1996 and resulted in 3 criminal charges that were filed against me by [a named] detective ...” The Department responded and produced a record. Unsatisfied with the response, Mr. Murphy petitioned this office and this appeal, SPR23/0443, 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 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. 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

Lieutenant Terence McDonnell SPR23/0443 Page 2 March 17, 2023 The Department’s response In its response, the Department produced a CAD information report. Current appeal In his appeal, Mr. Murphy advised that he was “seeking police reports and other documents regarding a specific arrest, yet was only provided CAD 911 information which was not requested.” In a conversation between a Public Records Division senior attorney and a Department representative, the Department confirmed that the CAD information was the only record available and no other records exist. No Duty to Create Records Please be advised, under the Public Records Law the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Where the Department does not possess any additional records responsive to Mr. Murphy’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Murphy is not satisfied with the resolution of this administrative appeal, he is advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(A)(c). Sincerely, Manza Arthur Supervisor of Records cc: James Murphy