Shawn D. Blankenship v. North Brookfield Police Department (SPR 20243368)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 27, 2024 SPR24/3368 Chief Mark L. Smith Chief of Police North Brookfield Police Department 55 School Street North Brookfield, MA 01535 Dear Chief Smith: I have received the petition of Shawn Blankenship appealing the response of the North Brookfield 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 15, 2024, Mr. Blankenship requested: [1] Name of person who donated Christmas wreath last week. [2] Why you are not stopping the stalker who followed my kid and family after providing you with more than enough evidence to meet the requirements of MGL 265 43A and 43B[?] [3] Did you receive and view the 2 video exhibits #38 and #39 sent to you on December 14, 2024? [4] Your association with [an identified individual] as he stated on video that you [and two identified individuals] are friends. The Department responded on December 16, 2024. Unsatisfied with the Department’s response, Mr. Blankenship appealed, and this case, SPR24/3368, 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). 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 Mark L. Smith SPR24/3368 Page 2 December 27, 2024 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 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. No Duty to Answer Questions Mr. Blankenship 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). However, 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). Where Mr. Blankenship submitted to the Department several questions, I find the Department has no duty under the Public Records Law to answer such questions. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Blankenship wishes to submit a request for public records to the Department for the records referred to in his appeal, and is unsatisfied with the response, he may appeal that response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Shawn Blankenship