Daniel Narreau v. Palmer, Town of - Police Department (SPR 20230737)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 27, 2023 SPR23/0737 John Janulewicz Chief of Police Palmer Police Department 4419 Main Street Palmer, MA 01069 Dear Chief Janulewicz: I have received the petition of Daniel Narreau appealing the response of the Palmer Police Department (Department) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On April 4, 2023, Mr. Narreau requested the following records: [1] Copies of public records including a police report filed on or about January 16, 2020 at approximately 15:00 hours [and] any follow up reports of the same matter[;] [and] [2] [Copies of public records] by [specific individual] and any “property manager” along with National Grid Electric in regards to [specific address], [and] any and all email correspondence and documents related to this matter from January 1, 2020 to present date of this request. The Department provided a response on April 6, 2023. Unsatisfied with the Department’s response, Mr. Narreau petitioned this office and this appeal, SPR23/0737, 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

Chief John Janulewicz SPR23/0737 Page 2 April 27, 2023 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. 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. The Department’s April 6th response In its April 6, 2023 response, the Department provided Mr. Narreau with copies of two call logs. Current appeal In his appeal, Mr. Narreau states, “[p]lease appeal this record request as this is only 2 log entries and not the Police Report requested.” Based on the Mr. Narreau’s appeal and the Department’s response, it is unclear if the Department 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). Consequently, the Department must clarify whether additional records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Narreau with a response to the request, provided 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. Mr. Narreau may appeal the substantive nature of the Department’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Daniel Narreau