Patrick D. McPhee v. Patriot Regional Emergency Communications Center (SPR 20240454)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 27, 2024 SPR24/0454 David R. Stairs Communications Director Patriot Regional Emergency Communications Center 59 Main Street Pepperell, MA 01463 Dear Mr. Stairs: I have received the petition of Patrick McPhee appealing the response of the Patriot Regional Emergency Communications Center (Center) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 30, 2024, Mr. McPhee submitted the following request to the Town of Pepperell: I am asking for the Town of Pepperell “PATRIOT REGIONAL EMERGENCY COMMUNICATIONS CENTER” to send me a copy of the generated reports for town of Ashby (or all if that’s easier) for the last 60 days (2 months). (Electronic is preferable). The Center responded on February 7, 2024, advising Mr. McPhee to contact the Ashby Police Department or Ashby Fire Department for the records he seeks. Unsatisfied with the Center’s response, Mr. McPhee appealed, and this case 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 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

David R. Stairs SPR24/0454 Page 2 February 27, 2024 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 Center’s February 7th Response In its February 7, 2024 response, the Center states the following: Patriot Regional Emergency Communications Center is the dispatch center for Ashby, Pepperell and Townsend, however [the Center is] not the keeper of the records, the individual towns have their own dispatch logs, and Police and Fire Records. With this said records requests for reports or dispatch logs need to go through the individual town. So for [Mr. McPhee’s] request, that would need to go through Ashby Police and or Ashby Fire to get copies. Please be advised that 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 be advised that under the Public Records Law, an agency or municipality not in possession of the requested records shall “identify the agency or municipality that may be in possession, custody or control of the public record sought, if known.” See G. L. c. 66, § 10(b)(iii); see also 950 C.M.R. 32.06 (3)(c)(3) (“written notice of denial shall include ... identification of the agency or municipality that may be in possession, custody or control of the public record sought, if known to the records access officer”). In this case, the Center has indicated that it does not possess responsive records, and has identified the municipalities that may possess the records he seeks. Consequently, I find that the Center has met its burden in responding to this request. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. McPhee wishes to submit a public records request to the Ashby Police Department or the Ashby Fire Department, and is unsatisfied with the response, he may appeal that response within ninety (90) days. See 950 C.M.R. 32.08(1).

David R. Stairs SPR24/0454 Page 3 February 27, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Patrick McPhee