Maureen Flynn v. Framingham, City of - Police Department (SPR 20230512)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 30, 2023 SPR23/0512 Kristin Sullivan Records Manager City of Framingham Police Department 1 William H. Welch Way Framingham, MA 01702 Dear Ms. Sullivan: I have received the petition of Maureen Flynn appealing the response of the Framingham 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 February 10, 2023, Ms. Flynn sent the following on the City’s [FOIA] [D]irect web portal, “...a public records request regarding police details with payment information for carnivals by Fiesta Shows, aka Dean & Flynn, in Framingham MA 2018.” A screenshot from the City’s FOIA Direct web portal, shows that the request was received on 2/10/2023 with a response date of 03/14/2023. On March 14, 2023, Ms. Flynn received a link to download the responsive records or information from the City’s FOIA Direct web portal. On March 14th, Ms. Flynn sent an email to the City and Department, stating, “please read the public records request that [I] submitted over a month ago and provide all the records.” On March 15, 2023, the Department responded to Ms. Flynn, asserting, “[y]our request was for the police details with payment information. [Kristin Sullivan] provided [Ms. Flynn] [with] the invoices with dates the [police] detail was worked and the amount that they were charged. If you are looking for additional information please feel free to submit another [Public Records] request with what additional info you are looking for.” On March 15th, Ms. Flynn stated, “…[the Department] need[s] to know that there is a big difference between records and a current print out…” The Department emailed Ms. Flynn on that same day stating, “…[a]s previously stated your request was for the police details with payment information (I took that to mean the rates they were billed). I provided you the invoices with dates the [police] detail were worked and the amount that they were charged. If you are looking for additional information please feel free to submit another [Public Records] request with what additional info you are looking for. . . .” 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

Kristin Sullivan SPR23/0512 Page 2 March 30, 2023 Unsatisfied with the Department’s response, Ms. Flynn petitioned this office 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 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). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Current appeal In her petition, Ms. Flynn asserts, “[the Department] has not complied with the request. [T]he police detail portion would show the dates, names of the police officers, times and amounts. [T]he payment information would show who and how the police details were paid to [the City]. [I] am requesting that the [Public Records Division] order the [the City] to provide me with the requested records.” Reasonable Description of Records Sought A request for records must reasonably describe the records sought. See G. L. c. 66, § 10(a)(i). In Chawla, the Superior court found that under the Public Records Law “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” See Jaideep Chawla v. Dept of Revenue, Suffolk. Sup. No. 1784CV02087, at 2 (January 23, 2019). The court further indicated “[r]equests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will not satisfy this statutory standard.”

Kristin Sullivan SPR23/0512 Page 3 March 30, 2023 In this case, Ms. Flynn did not provide a specific description of the records she sought. Ms. Flynn’s request only stated, “[t]his is a public records request regarding police details with payment information for carnivals by Fiesta Shows aka Dean & Flynn in Framingham MA 2018.” This office encourages Ms. Flynn to submit a new request that clarifies exactly what she is seeking from the City and/or Department relative to her original request. Please be aware that the request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i). I also encourage the City and/or Department to continue communicating to facilitate providing records more efficiently. Conclusion Accordingly, I will consider this administrative appeal closed. If issues remain after Ms. Flynn has submitted a new public records request that reasonably describes the records sought, Ms. Flynn may file an appeal within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Maureen Flynn