Gregory J. Salvatore, Jr. v. Wrentham, Town of - Police Department (SPR 20240169)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 31, 2024 SPR24/0169 Barbara Manning Administrative Assistant Wrentham Police Department 89 South Street Wrentham, MA 02093 Dear Ms. Manning: I have received the petition of Gregory John Salvatore Jr. appealing the response of the Wrentham 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 January 5, 2024, Mr. Salvatore requested, “[a]ny/all email correspondence, text messages, case notes, written communication or record of such, photographic evidence [and] attachments submitted by any complainants or their attorneys in support of their allegations pertaining to [a named individual]. Anything/everything submitted to [the Department] by [named attorneys].” The Department provided a response on January 18, 2024. Unsatisfied with the Department’s response, Mr. Salvatore petitioned this office and this appeal, SPR24/0169, 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). 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see 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

Barbara Manning SPR24/0169 Page 2 January 31, 2024 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). 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 January 18th Response In its January 18, 2024 response, the Department stated, “[the Department] provided… 18 records for your review by email. As suggested in my email 1/8/2024, and per the attached Public Records Guidelines, please state specifically the incident number, date, and item(s) you are requesting from the records already provided. [The Department] will not be providing any correspondence from other complainants or their attorneys as I assume [a named attorney] would go through proper channels for that information, or you may reach out to Wrentham District Court.” Current appeal In his appeal, Mr. Salvatore stated, “[the Department] will not provide reports on the individuals or parties complaining about me… It is clear there is more and they have more… I would like for [the Department] to be asked to fulfill my request in a timely manner and make all documents I’ve asked for in my complaint available to me.” In light of Mr. Salvatore’s appeal, it is unclear if the Department possesses additional records that may be responsive to the request. 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). To the extent that responsive records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Salvatore with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us.

Barbara Manning SPR24/0169 Page 3 January 31, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Gregory John Salvatore Jr.