Stanley Mazurczyk v. Chelmsford, Town of - Police Department (SPR 20230732)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 28 2023 SPR23/0732 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…” Prior Appeals The requested records were the subject of prior appeals. See SPR22/2561 Determination of the Supervisor of Records (November 28, 2022); SPR22/2927 Determination of the Supervisor of Records (January 6, 2023) and SPR23/0289 Determination of the Supervisor of Records (February 28, 2023). The Department provided a response on March 14, 2023. Unsatisfied with the Department’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR23/0732, 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. 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 SPR23/0732 Page 2 April 28, 2023 Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). The Department’s March 14th response In its March 14, 2023 response, the Department stated, “[r]egarding determination SPR23/0289, here is our supplemental response as requested by the Supervisor of Records. Officer name – Jason Hanscom[;] Officer rank – Lieutenant[;] Badge # - 36.” Current appeal In his appeal, Mr. Mazurczyk states, [i]t’s unclear why only Lt. Jason Hanscom incomplete demographic information was provided. Attached is current Department employee list. It’s unclear who on that list is sworn and who isn’t. Department continues to deny requested records. Department March 14, 2023 response is nonresponsive.” Public records requests; petitions to Supervisor of Records Upon review, the Department provided a response to Mr. Mazurczyk’s October 24th request. In his appeal, Mr. Mazurczyk’s appears to expand his request and states, “[a]ttached is current Department employee list. It’s unclear who on that list is sworn and who isn’t. . . .” Mr. Mazurczyk is reminded that a requestor may petition the Supervisor of Records (Supervisor) only after a written request has been made to the records access officer (RAO) of the governmental entity that creates or receives the records. 950 C.M.R. 32.01(1). Additionally, the written request must reasonably describe the public records sought. Id. Whereas the request for subsequent records was not made directly to the Department’s RAO, I decline to opine on that matter. If Mr. Mazurczyk would like to obtain copies of these records, Mr. Mazurczyk is advised that he should make a separate public records request to the Department’s RAO. Mr. Mazurczyk may then appeal the substantive nature of the Department’s response within ninety calendar days. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Stanley Mazurczyk