Emma Rindlisbacher v. Taunton, City of - Police Department (SPR 20242674)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 3, 2024 SPR24/2674 Lieutenant John P. Joyce Public Records Access Officer Taunton Police Department 23 Summer Street Taunton, MA 02780 Dear Lieutenant Joyce: I have received the petition of Emma Rindlisbacher appealing the response of the Taunton 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 September 12, 2024, Ms. Rindlisbacher requested “all police reports pertaining to the address . . . Worcester St, Taunton. Please limit this request to documents between Jan 1, 2020 and the date the search is conducted.” The Department responded on September 17, 2024. Unsatisfied with the response, Ms. Rindlisbacher petitioned this office, and this appeal, SPR24/2674, 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 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 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 John P. Joyce SPR24/2674 Page 2 October 3, 2024 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. Current Appeal In her appeal petition, Ms. Rindlisbacher states that “[t]here is at least one police report that I am aware of for that address… I have attached that police report to this email, I submitted this request to see if there were additional police reports related to that address. However, the response I received from the Taunton Police Department says that they have no responsive records for that address. That does not appear to be the case because I literally have a police report from that address[.]” The Department’s September 17th Response In its September 17, 2024 response, the Department stated, “[t]his department holds no responsive records relative to [Ms. Rindlisbacher’s] request.” Based on Ms. Rindlisbacher’s appeal, it is unclear if the Department possesses any records responsive to 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). 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 whether it possesses records responsive to the request. Conclusion Accordingly, the Department is ordered to provide Ms. Rindlisbacher with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of the 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. Ms. Rindlisbacher 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: Emma Rindlisbacher