Clifton Clark v. Southwick, Town of - Police Department (SPR 20240289)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 14, 2024 SPR24/0289 Sergeant Roger Arduini Southwick Police Department 11 Depot Street Southwick, MA 01077 Dear Sergeant Arduini: I have received the petition of Cliff Clark, of Reminder Publishing LLC, appealing the response of the Southwick 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 January 29, 2024, Mr. Clark requested details on the alleged arrest of an identified individual. The Department responded on January 29, 2024. Unsatisfied with the response, Mr. Clark petitioned this office and this appeal, SPR24/0289, 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

Sergeant Roger Arduini SPR24/0289 Page 2 February 14, 2024 The Department’s January 29th Response In its January 29, 2024 response, the Department provided an unredacted police log. In its response, the Department stated, “[t]his ended up being a criminal complaint and not a physical arrest. Criminal complaints are not public information until the actual arraignment date. The first step is a Show Cause hearing. Once it gets through a Show Cause hearing it becomes public information.” Current appeal In his appeal, Mr. Clark states, “[w]hy is a criminal complaint or summons to appear in court not included like an arrest – not involving a situation of domestic violence which is protected -- in this, or any, public police log? They are essentially the same; a distinction without a difference.” The Department’s January 29th response did not contain the specificity required in a denial of access to public records. As a result, I find that the Department did not satisfy its burden in responding to this records request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). To the extent that the requested records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Department is ordered to provide Mr. Clark with a response in a manner consistent with this order, the Public Records Law and its Regulations within 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. Clark may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Cliff Clark