Altin Berxhiku v. Billerica Police Department (SPR 20232771)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 1, 2023 SPR23/2771; SPR23/2772; SPR23/2773; SPR23/2774; SPR23/2775; SPR23/2776 Sergeant John Zarro Records Access Officer Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Zarro: I have received six petitions of Altin Berxhiku appealing the responses of the Billerica Police Department (Department) to six requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR23/2771 On November 15, 2023, Mr. Berxhiku requested “to add a statement to the report (case#21-2528) that was written on 12/22/2021. [Mr. Berxhiku] would like that statement to become part of the public record for that report.” SPR23/2772 On November 15, 2023, Mr. Berxhiku requested “to add a statement to the supplement report (case#21-0684) that was written on 04/15/2021. [Mr. Berxhiku] would like that statement to become part of the public record for that report.” SPR23/2773 On November 15, 2023, Mr. Berxhiku requested “to add a statement to the report (case#21-0867) that was written on 05/07/2021. [Mr. Berxhiku] would like that statement to become part of the public record for that report.” SPR23/2774 On November 15, 2023, Mr. Berxhiku requested “to add a statement to the supplement 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

Sergeant John Zarro SPR23/2771; SPR23/2772; SPR23/2773; Page 2 SPR23/2774; SPR23/2775; SPR23/2776 December 1, 2023 report (case#21-0867) that was written on 05/07/2021. [Mr. Berxhiku] would like that statement to become part of the public record for that report.” SPR23/2775 On November 15, 2023, Mr. Berxhiku requested “to add a statement to the report (case#22-1250) that was written on 06/12/2022. [Mr. Berxhiku] would like that statement to become part of the public record for that report.” SPR23/2776 On November 15, 2023, Mr. Berxhiku requested “to add a statement to the report (case#22-1286) that was written on 06/16/2022. [Mr. Berxhiku] would like that statement to become part of the public record for that report, along with a letter from [his] attorney regarding this event.” The Department responded separately to each request on November 16, 2023, denying the requests. Unsatisfied with the Department’s responses, Mr. Berxhiku appealed, and these cases were 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. 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. The Department’s November 16th Responses In each of its six November 16, 2023 responses, the Department states that it “will not add any documents to closed cases as this incident is considered closed and requires no more investigation on [the Department’s] part.” Current Appeals In all six of his appeal petitions, Mr. Berxhiku requests “to have [his] statement added to”

Sergeant John Zarro SPR23/2771; SPR23/2772; SPR23/2773; Page 3 SPR23/2774; SPR23/2775; SPR23/2776 December 1, 2023 the above referenced reports and report supplements. In each appeal petition, he contends that the Department “flat out denied [his] request, without referencing any prior cases.” Please be advised that in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a). In his six appeal petitions, Mr. Berxhiku has not alleged a violation of G. L. c. 66, § 10 by the Department. Consequently, the bases of Mr. Berxhiku’s appeals are unclear. Conclusion Accordingly, I will now consider these administrative appeals closed. Mr. Berxhiku is advised that if he seeks edits or changes to the records in question, he may wish to seek advice from private legal counsel. Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhiku