Corey Kelleher v. Cambridge, City of - Police Department (SPR 20241602)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 11, 2024 SPR24/1602 Sergeant Paul Sugrue Cambridge Police Department 125 Sixth Street Cambridge, MA 02142 Dear Sergeant Sugrue: I have received the petition of Corey Kelleher appealing the response of the Cambridge 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 10, 2024, Mr. Kelleher requested “all Records for [named individual] . . .” On May 13, 2024, the Department provided a responsive record. Unsatisfied with the Department’s response, and claiming the Department possesses additional responsive records, Mr. Kelleher appealed, and this case, SPR24/1602, 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. Att’y 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. 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 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

Sergeant Paul Sugrue SPR24/1602 Page 2 June 11, 2024 custodian must provide the responsive records. The Department’s May 13th Responses In its May 13, 2024 response, the Department provided a responsive record to Mr. Kelleher. Current Appeal In an email to the Department on May 16, 2024, Mr. Kelleher clarifies that he seeks “all records of this incident including any detective reports or any other information pertaining to this incident reported to Cambridge Police on 4/1/2021 and the following response.” The Department is 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, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, 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). Based on the document already provided by the Department, and the clarification provided by Mr. Kelleher, it is unclear whether the Department possesses additional responsive records. The Department must clarify this. Conclusion Accordingly, the Department is ordered to provide Mr. Kelleher 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Corey Kelleher