Brandon Stokes v. Marshfield, Town of - Police Department (SPR 20241596)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 11, 2024 SPR24/1596 Amanda Dustin Records Access Officer Marshfield Police Department 1639 Ocean Street Marshfield, MA 02114 Dear Ms. Dustin: I have received the petition of Brandon Stokes, of 7News WHDH Boston, appealing the response of the Marshfield 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 May 16, 2024, Mr. Stokes requested, “...copies of all 911 calls made regarding an incident on 5/15/24 at around 8:15 am in which a man is accused of biting another man during a fight at a school bus stop in Marshfield.” The Department responded on May 21, 2024. Unsatisfied with the response, Mr. Stokes petitioned this office and this appeal, SPR24/1596, was opened as a result. Subsequently, the Department provided Mr. Stokes with a response on May 28, 2024. Mr. Stokes has appealed the May 28th response. 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 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

Amanda Dustin SPR24/1596 Page 2 June 11, 2024 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. The Department’s May 21st and May 28th responses In its May 21, 2024 response, the Department stated, “[p]ursuant to correspondence with [an identified] Director... I confirm that the current investigation into this matter is currently active and ongoing.” In its May 28, 2024 response, the Department advised, “...this information must come from the prosecution office. The number is ...” The Department’s May 21, 2024 and May 28, 2024 responses did not contain the specificity required in a denial of access to public records. Under the Public Records Law, the burden shall be upon the records custodian to establish the applicability of an exemption. G. L. c. 66, § 10(b)(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 . . .”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. See also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289- 90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Consequently, the Department must identify an exemption and explain with specificity how the exemption applies to withhold of the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Department is ordered to provide Mr. Stokes 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. Mr. Stokes 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: Brandon Stokes