Steven J. Farr v. Webster, Town of - Police Department (SPR 20251266)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 19, 2025 SPR24/1266 Steven Cacciapouti Public Records Officer Webster Police Department 357 Main Street Webster, MA 01570 Dear Officer Cacciapouti: I have received the petition of Steven J. Farr appealing the response of the Webster 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 March 21, 2025, Mr. Farr requested the following records from the Town of Webster and Webster Police Department related to the seizure and towing of his RV on January 28, 2025: [1] Body cam footage [2] Dispatch logs [3] Citation or tow notice [4] Officer names and badge numbers [5] Internal and external communications Prior Appeal The requested records were the subject of a prior appeal. See SPR25/0976 Determination of the Supervisor of Records (April 23 2025). In my April 23rd determination, I closed the appeal as a result of the Department’s April 17, 2025 and April 18, 2025 responses. Mr. Farr was advised in the April 23rd determination that he may appeal the Department’s responses within ninety (90) days. See 950 C.M.R. 32.08(1). Notwithstanding the April 23rd determination, Mr. Farr now submits a subset of his March 21, 2025 request for an appeal. See SPR25/0976. As a result, this appeal, SPR25/1266, was opened. 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

Steven Cacciapouti SPR25/1266 Page 2 May 19, 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. 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 issues Mr. Farr raised in this request for an appeal were addressed previously in the determination issued on April 23, 2005. See SPR25/0976. Upon review and as previously indicated in that April 23rd determination, Mr. Farr may appeal the Department’s April 17, 2025 and April 18, 2025 responses with ninety (90) days. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Farr 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). Sincerely, Manza Arthur Supervisor of Records cc: Steven J. Farr