Jennifer Collins v. Amesbury, City of - Police Department (SPR 20241856)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 11, 2024 SPR24/1856 Janet L. Moyer Records Access Officer Amesbury Police Department 19 School Street Amesbury, MA 01913 Dear Ms. Moyer: I have received the petition of Jennifer Collins appealing the response of the Amesbury 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 2, 2024, Ms. Collins requested, “the video and audio from the police cam and police car cam in regards to [a named individual], who was charged with disorderly conduct.” Previous appeal This request was the subject of a previous appeal. See SPR24/1577 Determination of the Supervisor of Records (June 7, 2024). In my June 7th Determination, I ordered the Department to clarify its claims under Exemptions (a) and (c) of the Public Records Law for withholding responsive records. See G. L. c. 4, § 7(26)(a), (c). The Department responded on June 21, 2024. Unsatisfied with the response, Ms. Collins petitioned this office and this appeal, SPR24/1856, 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. 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

Janet L. Moyer SPR24/1856 Page 2 July 11, 2024 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 custodian must provide the responsive records. The Department’s June 21st Response In its June 21, 2024 response, the Department states, “this criminal case falls under the jurisdiction of the District Attorney’s office. Request for a copy of the BWC must be sought through the District Attorney’s office.” Burden of Specificity The Department is advised that, under the Public Records Law, the burden shall be on the custodian to establish the applicability of an exemption to withhold or redact records. See G. L. c. 66, § 10(b)(iv) (a 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; 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). Any non- exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). Accordingly, the Department’s response did not contain the specificity required in a denial of access to public records. The Department did not identify the records in its possession that it intends to withhold from disclosure. Further, the Department has not cited an exemption for withholding or redacting the responsive records. Conclusion Accordingly, the Department is ordered to provide Ms. Collins 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.

Janet L. Moyer SPR24/1856 Page 3 July 11, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Jennifer Collins