Mass Accountability Network v. Ipswich, Town of - Police Department (SPR 20243450)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 13, 2025 SPR24/3450 Paul Nikas Chief of Police Ipswich Police Department 15 Elm Street Ipswich, MA 01938 Dear Chief Nikas: I have received the petition of the MassAccountabilityNetwork (“requestor”) appealing the response of the Ipswich 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 23, 2024, the requestor requested, “the ‘Roll Call’ email, sent via e-mail, that sergeant… put out on me and the ‘Mattson.pdf’ attached to that roll call email.” The Department responded on December 30, 2024. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR24/3450, was opened as a result. Subsequent to the opening of this appeal, the Department provided additional information to this office on December 31, 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. 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

Chief Paul Nikas SPR24/3450 Page 2 January 13, 2025 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 Responses In its December 30, 2024 response, the Department stated, “the Department does not have possession, custody or control of the records requested… This system was a ‘Roll Call’ system which was a contracted service by DHQ which the department no longer contracts with and all the information that was on this system was gone when the service was no longer continued. Also, this document was created in 2019 and would no longer be held by the department as it is beyond the three year window as specified by the secretary of state’s office.” In its December 31, 2024 response, the Department stated, “[w]e have denied this request as we no longer hold these records. The Roll Call Notice that was put out on an in-house Ipswich Police Department system about [a named individual], who is the individual who was following officers around and videotaping him was put out as awareness to the officers in our department on 6/26/2019. This system was a contracted web based system the department no longer uses and has been shut down. These records are over 5 years old and my understanding of the retention schedule is 3 years for roll call material. This is clearly well passed that. He also claims this was emailed out to other departments which it was not as it exited on [our] web based system which only officers working at this department had access too. This system was DHQ and we no longer have that service.” Current appeal In his appeal, the requestor states, “I had [requested] a PDF file that was shown on an email I received as a records request. They did not send it via email but had me pick up a printed out copy of the email. After reviewing the email once again, I noticed there was a PDF labeled ‘Mattson.PDF’ which is my last name. This should have been part of the first response to my request and wasn’t. I did a separate request a year or so later and was denied with them saying they are not the one in possession of these records. Which I know is not true because they gave me the email that has the PDF attached. That PDF was about me and has my personal information in it, this PDF was made by… one of the Ipswich Police officers, therefore the Ipswich police would be the custodian of the records.” Records Management Where the Department states that “[t]hese records are over 5 years old and my understanding of the retention schedule is 3 years for roll call material[,]” I find that the Department must demonstrate whether it followed proper records retention protocol. Please note, the Department must institute safeguards to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, §§ 1, 8, 13, 15. For further guidance in records management and retention, the Department

Chief Paul Nikas SPR24/3450 Page 3 January 13, 2025 may contact the Records Management Unit (RMU) at 617-727-2816. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. Training workshops on records management are conducted upon request. Conclusion Accordingly, the Department is ordered to provide the requestor with a response to his 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 this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: MassAccountabilityNetwork Lieutenant Jonathan Hubbard