Emma Rindlisbacher v. Taunton, City of - Police Department (SPR 20243338)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 23, 2024 SPR24/3338 John P. Joyce Lieutenant 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 December 12, 2024, Ms. Rindlisbacher requested, “... body camera footage recorded by [an identified] Officer on July 19, 2024 when responding to [an identified] incident.” The Department responded on December 12, 2024. Unsatisfied with the response, Ms. Rindlisbacher petitioned this office and this appeal, SPR24/3338, 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. 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 SPR24/3338 Page 2 December 23, 2024 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 December 12th Response In its December 12, 2024 response, the Department stated, “[t]here are no records responsive to this request.” Current appeal In her appeal, Ms. Rindllisbacher asserts, “[f]irst, the records I am seeking (... body camera footage) do exist, and were cited by the special prosecutor in a legal filing in the [an identified] court case. I have attached a document to this email which describes the nature of the body camera footage. Second, these records are a subset of the records requested by a different reporter ... and my understanding that he has already gone through some sort of appeals process with the secretary of state office (see the second attachment to this email).” Based on Ms. Rindlisbacher’s appeal, it is unclear if the Department possesses any records responsive to her 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). However, 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). Consequently, the Department must clarify if the requested records exist. 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 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. Ms. Rindlisbacher’s 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