Thaddeus Jackson v. Easton, Town of - Police Department (SPR 20250291)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 7, 2025 SPR25/0291 Chief Keith Boone Easton Police Department 46 Lothrop Street North Easton, MA 02356 Dear Chief Boone: I have received the petition of Thaddeus Jackson appealing the response of the Easton 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 19, 2025, Mr. Jackson requested a report involving two identified individuals. On January 24, 2024, the Department provided a response. Unsatisfied with the Department’s response, Mr. Jackson petitioned this office and this appeal, SPR25/0291, 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(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. 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 Keith Boone SPR25/0291 Page 2 February 7, 2025 Current Appeal In his appeal, Mr. Jackson states, “[w]hile I understand that certain reports involving domestic situations may be exempt from release, I am appealing this decision due to the ongoing concerns I have regarding the safety and well-being of my children … who are involved in shared legal custody and spend significant time in the home where the incident took place….” Status of Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Jackson’s status as the parent of children involved in the requested record will play no role in a determination as to whether the record should be disclosed or redacted under the Public Records Law. The Department’s January 24th Response In its January 24, 2025 response, the Department cites Exemption (a) of the Public Records Law for withholding the record in its entirety. Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to

Chief Keith Boone SPR25/0291 Page 3 February 7, 2025 a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. In support of withholding the record under Exemption (a), the Department states, “[t]his report is prohibited from release due to it involving a domestic. You may … obtain it at the Taunton district court[.]” Based on the Department’s response, it is unclear what statute the Department is claiming to withhold the responsive record. To claim Exemption (a), the Department must cite a specific statute. Said statute must either expressly state that the redacted or withheld information is not subject to disclosure under the Public Records Law, or must limit dissemination of said information to a defined group or individuals or entities. Consequently, it is unclear what statute the Department is claiming to withhold the responsive record from disclosure. The Department must clarify. Conclusion Accordingly, the Department is ordered to provide Mr. Jackson 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. Sincerely, Manza Arthur Supervisor of Records cc: Thaddeus Jackson