John Geddis v. Weymouth, Town of - Police Department (SPR 20240082)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 22, 2024 SPR24/0082 Erin Metcalf Police Captain Records Access Officer Weymouth Police Department 140 Winter Street Weymouth, MA 02188 Dear Captain Metcalf: I have received the petition of John Geddis appealing the response of the Weymouth 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 December 28, 2023, Mr. Geddis requested: copies of public records that align to my medical emergency on 6/15/2022 at [a specified address] on or about 7:45 PM EST. I am requesting a factual copy of all the 911 calls. Copies of any photos, all e-mail exhanges and any text messages between South Shore Hospital Staff and Weymouth Police captains, chief of police and officers present at the scene. As well as any other documentation that the Weymouth Police are in possession of about my medical emergency. The Department provided a response on January 8, 2024. Unsatisfied with the Department’s response, Mr. Geddis petitioned this office and this appeal, SPR24/0082, 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, § l0A(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 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

Captain Erin Metcalf SPR24/0082 Page 2 January 22, 2024 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. The Department’s January 8th Response In its January 8, 2024 response, the Department provided responsive records. Current appeal In his appeal, Mr. Geddis states, “Weymouth police advised they have no other records other than what South Shore Health had provided as the towns 911 service provider… I then sent a follow up FIOA demanding a copy of the accurate 911 calls that align to call logs, durations and most importantly the information specifically stated by the State of MA investigation that was heard in the 911 calls but not in the versions provided with the public records request by the Weymouth Police… I request the Secretary of State to immediately intervene and force that accurate 911 calls be provided to me in regard to my medical emergency.” No Duty to Create Records Please be advised, under the Public Records Law the Department is not required to create a record in response to the request. See G. L. c. 66, § 6A(d). 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). Additionally, please note that under the Public Records Law, a public employee is not required to answer questions, do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Based upon a conversation between a Public Records Division staff member and a Department representative, the Department confirmed that it has no additional records responsive to the request. Conclusion Where the Department does not possess any additional records responsive to the December 28th request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Geddis is not satisfied with the resolution of

Captain Erin Metcalf SPR24/0082 Page 3 January 22, 2024 this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b). Sincerely, Manza Arthur Supervisor of Records cc: John Geddis