David McLellan v. Lawrence, City of - Police Department (SPR 20232799)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2023 SPR23/2799 Mark Panagiotakos Records Access Officer Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Officer Panagiotakos: I have received the petition of David McLellan, of the Law Office of Amy Codagnone, appealing the response of the Lawrence 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 November 15, 2023, Mr. McLellan requested police reports regarding a specific incident. The Department responded on November 15, 2023. Unsatisfied with the Department’s response, Mr. McLellan appealed and this case, SPR23/2799, 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. 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. 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

Mark Panagiotakos SPR23/2799 Page 2 December 4, 2023 The Department’s November 15th response In its November 15, 2023 response, the Department states, “[w]e are no longer the lead authority for release of these records. We refer all homicide requests to the Massachusetts State Police. Any record we would release would have to be authorized by them.” Based on the above, it is unclear if the Department possesses the above specified police reports. 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 it possesses records responsive to the request. Conclusion Accordingly, the Department is ordered to provide Mr. McLellan 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. Sincerely, Manza Arthur Supervisor of Records cc: David McLellan