Altin Berxhiku v. Billerica, Town of - Police Department (SPR 20241901)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 17, 2024 SPR24/1901 Sergeant Andrew J. Devito Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku appealing the response of the Billerica Police Department (Department) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 13, 2024, Mr. Berxhiku requested “all communications between [two named individuals] on 7/23/2023 on their way to my house, between the hours of 1700 and 1800... Under the same request, I want all comminications [sic] between [three named individuals] who approved the false report written by [one individual] on 7/23/23.” On May 16, 2024, Mr. Berxhiku requested “all communications between [two individuals]” for a specified incident. Previous Petition These requests were the subjects of a previous petition from the Department. See SPR24/1502 Determination of the Supervisor of Records (May 23, 2024). In my May 23rd determination, I granted the Department a time extension of 25 business days. Subsequently, the Department responded on July 2, 2024. Unsatisfied with the Department’s response, Mr. Berxhiku petitioned this office, and this appeal, SPR24/1901, 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). 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 Andrew J. Devito SPR24/1901 Page 2 July 17, 2024 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 Department’s July 2nd Response In its July 2, 2024 response, the Department provides numerous responsive records, and indicates that it withheld one radio transmission pursuant to Exemption (c) of the Public Records Law. See G. L. c. 4, § 7(26)(c). Additionally, the Department states that it is not required to answer questions posed in Mr. Berxhiku’s request. Current Appeal In his appeal petition, Mr. Berxhiku contends that the Department “just shared the detailed [sic] of a case that’s been sealed by a court order.” He goes on to contend that the Department “just publicly shared details of a sealed case by a court order, a court order sealing that was endorsed by the prosecutor of the case ... who had no objection when asked by a judge to seal this records.” Further, he claims that the Department is “clearly violating G.L. c. 276, §§ 100A to 100C.” Issues Outside the Authority of this Office Please be advised that the Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. See G. L. c. 66, § 10. Further, 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 been alleged. See G. L. c. 66, § 10A(a). Please note that violations alleged in Mr. Berxhiku’s appeal petition are outside the jurisdiction of this office. Given that such issues do not fall within the authority of this office, I am unable to address such issues in this determination. Conclusion Accordingly, I will consider this administrative appeal closed.

Sergeant Andrew J. Devito SPR24/1901 Page 3 July 17, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Alton Berxhiku