George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20232435)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 27, 2023 SPR23/2435 Thomas Gammel Chief of Police Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear Chief Gammel: I have received the petition of George Burden appealing the response of the Lunenburg 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 October 2, 2023, Mr. Burden requested the following: [1.] ... all correspondence sent by the Town of Lunenburg and/or the Lunenburg Police Department to [two named individuals] between May 26, 2023 and October 1, 2023. [2.] ... all correspondence received by the Town of Lunenburg and/or the Lunenburg Police Department from [two named individuals] between May 26, 2023 and October 1, 2023. [3.] ... all public records requests that have been requested by [two named individuals] between May 26, 2023 and October 1, 2023 and the documents provided to [the two named individuals] that derived from those requests. The Department responded on October 12, 2023, providing responsive records. Unsatisfied with the Department’s response, Mr. Burden appealed, and this case 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 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 Thomas Gammel SPR23/2435 Page 2 October 27, 2023 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. Current Appeal In his appeal petition, Mr. Burden states the following: We are requesting this request due to [the Department] not providing all documents available. We request the Supervisor of Records to compel [the Department] to provide all public records relating to our request. The Department’s October 12th Response In its October 12, 2023 response, the Department provides numerous responsive records, including correspondence between the Department and the named individuals, and multiple public records requests and the corresponding records. The Department also explains that “there is a video file that relates to [the] request, but it is too large to email” and offers to make arrangements to provide the video file. Please note 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). Based on the information provided in Mr. Burden’s appeal petition, it is unclear what records he believes are missing from the Department’s response. It is also unclear why he believes there may be additional responsive records. Unclear Appeal Based on the foregoing, the basis of Mr. Burden’s appeal is unclear. Mr. Burden is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). In this case, where the Department has provided records responsive to each part of Mr. Burden’s request and offered to make arrangements to provide a responsive video, Mr. Burden’s claim that the Department is “not providing all documents available” is unclear. Accordingly, Mr. Burden may wish to describe his specific objections to the Department’s response.

Chief Thomas Gammel SPR23/2435 Page 3 October 27, 2023 Conclusion Based on the above, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: George Burden