Richard Mroz Jr. v. Quincy, City of - Police Department (SPR 20240315)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 16, 2024 SPR24/0315 Lieutenant Terence McDonnell Quincy Police Department 1 Sea Street Quincy, MA 02169 Dear Lieutenant McDonnell: I have received the petition of Richard Mroz, Jr. appealing the response of the Quincy 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 13, 2024, Mr. Mroz requested “the police reports and all documents related and mugshots of [two named individuals] from the date of 5/1/93.” The Department responded on January 23 and January 31, 2024. Unsatisfied with the response, Mr. Mroz petitioned this office and this appeal, SPR24/0315, 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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

Lieutenant Terence McDonnell SPR24/0315 Page 2 February 16, 2024 The Department’s Responses In its January 23, 2024 response, the Department provided a record. In its January 31, 2024 response, the Department stated, “[the Department has] provided the sole record in our possession related to your request. It was retrieved from our archives. The retention period for a record of this nature is 11 years per the Municipal Records Retention Schedule administered by the Secretary of State's Office.” Current appeal In his appeal, Mr. Mroz states, “I did receive the CAD, but in regards to the Police Report, mugshot or any other information, I was told they no longer exist, due to time elapsed… I am appealing this response because I believe they should still exist as well as having a conversation with one Ashburton place records/probation which I was told the reports should still exist in their Archives.” Records Management Where the Department states that “[t]he retention period for a record of this nature is 11 years per the Municipal Records Retention Schedule administered by the Secretary of State's Office” I find that the Department must demonstrate whether it followed proper records retention protocol. Please note, the Department must institute safeguards to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, §§ 1, 8, 13, 15. For further guidance in records management and retention, the Department may contact the Records Management Unit (RMU) at 617-727-2816. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. Training workshops on records management are conducted upon request. Conclusion Accordingly, the Department is ordered to provide Mr. Mroz with a response to his 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 this response to this office at pre@sec.state.ma.us.

Lieutenant Terence McDonnell SPR24/0315 Page 3 February 16, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Richard Mroz. Jr.