James Gyurasz v. North Adams, City of (SPR 20241301)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 13, 2024 SPR24/1301 Stacy Abuisi Records Access Officer City of North Adams 10 Main Street North Adams, MA 01247 Dear Ms. Abuisi: I have received the petition of James Gyurasz appealing the response of the City of North Adams (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 26, 2024, Mr. Gyurasz requested information, “…involving all parties at the N. Adams gun range on Sat. Nov 5, 2022…to include police response and full report and follow up after incident. To include all parties involved.” The City responded on March 29, 2024. Unsatisfied with the City’s response, Mr. Gyurasz petitioned this office and this appeal, SPR24/1301, 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. See 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

Stacy Abuisi SPR24/1301 Page 2 May 13, 2024 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 City’s March 29th response In its March 29, 2024 response, the City provided records and stated, “[t]his is the only call for that day as you see there is no report that was filed.” Current Appeal In his appeal, Mr. Gyurasz stated, “[p]ublic records request was denied as of 3/26/24 for information regarding a[n] incident that occurred at North Adams gun range, involving 3 adults and child on sat.nov.5.2022 [sic]…” Mr. Gyurasz also stated, “I did not receive any additional information about the incident. I would like to know exactly what they have on file that [show] how ... this incident [was] written up and by whom, etc. I would also like to know if they were in contact with dept. of social services [sic] regarding child involved.” In an email dated May 1, 2024, the City further clarified, “…the Police Dispatch Call log is the only documentation we possess that pertains to the requester’s specific inquiry. Additionally, I am not aware of any other requests made to our department apart from the one he sent to me in the letter referenced in his appeal.” No Duty to Create Records Under the Public Records Law, the City is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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 of the time of the request. See G. L. c. 66, § 10(a)(ii). Conclusion Accordingly, where the City has confirmed that it does not possess additional records and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Mr. Gyurasz is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10(A)(c).

Stacy Abuisi SPR24/1301 Page 3 May 13, 2024 Sincerely, Manza Arthur Supervisor of Records cc: James Gyurasz