Maureen Flynn v. Bristol County Sheriff's Office (SPR 20230733)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 24, 2023 SPR23/0733 Lorraine J. Rousseau, Esq. Bristol County Sheriff’s Office 400 Faunce Corner Road Dartmouth, MA 02747-1275 Dear Attorney Rousseau: I have received the petition of Maureen Flynn appealing the response of the Bristol County Sheriff’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 17, 2023, Ms. Flynn requested “. . . police/sheriff details for carnivals in association with Fiesta Shows aka Dean & Flynn for 2019-present including payment information.” Communications between the parties On February 22, 2023, the Office acknowledged Ms. Flynn’s request, indicating, “[w]e will search our records for the requested records and provide you with a further response, including an estimate of the cost to process your request, if any, as soon as possible.” In an email on March 21st, the Office provided, through an attachment, a copy of the records requested. In response to the Office on March 21st, Ms. Flynn wrote, “[t]hank you for those documents but I don’t see any financial information to include the hourly rate per officer, administrative fees and payment information.” On March 28th, the Office wrote, “[the Office] provided you records on March 21, 2023 and [the Office] is presently awaiting further records regarding the payments made…” On March 29th, the Office informed Ms. Flynn: It appears that the payments to deputies differs depending on the city/town the carnivals are held in. For carnivals held in Taunton and North Attleboro in 2019 and 2021, the cities paid the deputies directly so no records exist for payments made to deputies by the [Office]. For deputies working carnival details in Dartmouth in 2022 and New Bedford in 2021, the [Office] billed the Town of Dartmouth and City of New Bedford for the amount due to the deputies. When the payments were received, the [Office] then paid the deputies the amounts they 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

Lorraine J. Rousseau, Esq. SPR23/0733 Page 2 April 24, 2023 were due. An employee will be working [on] assembling the information regarding the Dartmouth 2022 and New Bedford 2021 carnival details tomorrow… On March 30th, the Office provided copies for payments to Deputy Sheriffs related to work details for carnivals. Dissatisfied with the Office’s production of records, Ms. Flynn petitioned the Supervisor of Records, 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 that the Office did not provide all the requested documents. Ms. Flynn states: The last record sent to me was on March 30, 2023 which was a spreadsheet showing details provided to carnivals in various locations in association with Fiesta Shows aka but does not include the rate of pay per person. Although there are several pages of details worked, the [Office] has only provided proof of payment for one [identified deputy]. Oddly, the notes of the [Office] shows he was paid $50.00 per hours for six hours but there are two checks, one for $300.00 which would be the amount for 6 hrs x $50.00 and a second check for $270.00.

Lorraine J. Rousseau, Esq. SPR23/0733 Page 3 April 24, 2023 There should be payment records for all the other details, dates, details worked. In light of the above, it is unclear whether the Office 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). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). The Office must clarify this matter. Conclusion Accordingly, the Office is ordered to provide Ms. Flynn with a response to her request in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) 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: Lorraine J. Rousseau, Esq.