Jamie Munchbach v. Weymouth, Town of - Fire Department (SPR 20240284)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 12, 2024 SPR24/0284 Chief Keith Stark Weymouth Fire Department 636 Broad Street Weymouth, MA 02189 Dear Chief Stark: I have received the petition of Jamie Munchbach appealing the response of the Weymouth Fire Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 26, 2024, Mr. Munchbach requested “...all data that supports the monitoring and controls of ALI data levered for EMS purposes regarding the events on 6/15 at [an identified location].” The Department responded on January 26, 2024. Unsatisfied with the response, Mr. Munchbach petitioned this office and this appeal, SPR24/0284, 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. 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 Keith Stark SPR24/0284 Page 2 February 12, 2024 The Department’s January 26th response In its January 26, 2024 response, the Department stated that it “is unable to discern what documentation you are seeking. As to ‘any and all data that supports the monitoring, and controls of ALI data levered for EMS purposes regarding the events on 6/15 at [an identified location]’, we do not possess any documentation responsive to this request.” Current appeal In his appeal, Mr. Munchbach stated, “I am asking for assistance in obtaining a response from the Weymouth Fire Department, who closed my request for a lack of understanding without fulfilling the request. Per the town contract I am asking to obtain any relevant documentation that ensures compliance with the town contract in the events that had transpired at ... residents of ... which exceed a 6 minutes response time.” Based on Mr. Munchbach’s claims, in conjunction with the Department’s response, it is unclear if the Department possesses any 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). However, 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). Consequently, the Department must clarify if the requested records exist. I encourage Mr. Munchbach and the Department to communicate in order to facilitate producing records efficiently and affordably. Mr. Munchbach may wish to include applicable time periods or factors to enable the search to be processed. G. L. c. 66, § l0(a)(i). The Department must use its knowledge of the records to facilitate providing any responsive records. G. L. c. 66, § l0(a)(vii) (an agency or municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). Conclusion Accordingly, the Department is ordered to provide Mr. Munchbach with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Munchbach may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Chief Keith Stark SPR24/0284 Page 3 February 12, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Jamie Munchbach