Krystin Wanczyk v. Wilbraham, Town of - Police Department (SPR 20242708)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 8, 2024 SPR24/2708 Chief Edward Lennon Wilbraham Police Department 2780 Boston Road Wilbraham, MA 01095 Dear Chief Lennon: I have received the petition of Krystin Wanczyk appealing the response of the Wilbraham 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 9, 2024, Ms. Wanczyk requested an identified police report. The Department responded on September 25, 2024. Unsatisfied with the Department’s response, Ms. Wanczyk petitioned this office and this appeal, SPR24/2708, was opened as a result. While this appeal was pending, the Department provided a supplemental response to this office on September 30, 2024. 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

Chief Edward Lennon SPR24/2708 Page 2 October 8, 2024 custodian must provide the responsive records. The Department’s Responses In its September 25, 2024 response, the Department cited Exemption (c) of the Public Records Law to withhold the requested record in its entirety. Subsequently, in an email to this office dated September 30, 2024, the Department stated, “[o]n 9/24/24, [the] . . . Department received . . . a subpoena from [an identified individual’s] attorney. . . . Essentially, the request was for all documents mentioning [an identified individual] from 1/24/24 to present which would include this matter.” Included in the Department’s correspondence was a copy of the aforementioned subpoena, which references civil litigation pending in Hampden County Probate and Family Court. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation Based on the Department’s responses, and in conjunction with a telephone conversation between this office and the Department on October 8, 2024, this office has reviewed the court’s docket, and verified that the record at issue in this appeal is the subject of civil litigation that remains active and ongoing in Hampden County Probate and Family Court. In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this litigation could impact the applicability of 950 C.M.R. 32.08(2)(b). Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. Wanczyk is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

Chief Edward Lennon SPR24/2708 Page 3 October 8, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Krystin Wanczyk