Paul Souza v. Raynham Police Department (SPR 20240825)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 29, 2024 SPR24/0825 Lieutenant Peter Beatrice Records Access Officer Raynham Police Department 53 Orchard Street Raynham, MA 02767 Dear Lieutenant Beatrice: I have received the petition of Paul Souza appealing the response of the Raynham 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 February 16, 2024, Mr. Souza requested “…all communications, documents, complaints, and or reports regarding … King Street, Raynham, MA 02767 for the period January 1, 2017 thru December 31, 2018.” Prior Appeals The request was the subject of a prior appeal. See SPR24/0688 Determination of the Supervisor of Records (March 14, 2024). I closed SPR24/0688 when I learned that the Department provided Mr. Souza with a response on February 26, 2024. Unsatisfied with the response, Mr. Souza petitioned this office and this appeal, SPR24/0825, 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 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 Peter Beatrice SPR24/0825 Page 2 March 29, 2024 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 February 26thResponse In the Department’s February 26, 2024 response, the Department inquired, “[c]an I please have the name of the family or person who you are looking for incidents involving [?] If you have any questions please contact [the Department] …” On March 7, 2024, a representative of the Department, emailed the Public Records Division, stating, “[o]n February 26, 2024, I responded back to the records request looking for the name of the parties involved to narrow the search down as I do not have any police records involving a Paul Souza at that residence and I never heard back …” Based on the Department’s February 26th responses, it remains unclear if the Department possesses records responsive to Mr. Souza’s February 16th request. Specifically, it is unclear if the Department possesses records pertaining to the specified address as reflected in 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). In accordance with the Public Records Law, 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Souza with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Sincerely, Manza Arthur Supervisor of Records cc: Paul Souza