George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20250305)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 11, 2025 SPR25/0305 Jeffery Thibodeau Interim Police Chief Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear Chief Thibodeau: I have received the petition of George and Jennifer 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 January 8, 2025, Mr. and Ms. Burden requested “all police reports of vehicle speeding violations issued between 06/30/15 and 06/30/16 on Lancaster Avenue by [a named individual]…. We want copies of the actual violations that were issued with the description and comments by [the identified individual].” Previous Appeal This request was the subject of a previous appeal. See SPR25/0100 Determination of the Supervisor of Records (January 23, 2025). In my January 23rd determination, I ordered the Department to revise its fee estimate or provide further explanation of how its fee estimate is consistent with G. L. c. 66, § 10(d). The Department provided redacted records responsive to the request on January 28, 2025. Unsatisfied with the response, Mr. and Ms. Burden petitioned this office and this appeal, SPR25/0305, 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 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 Jeffrey Thibodeau SPR25/0305 Page 2 February 11, 2025 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. Current Appeal In their appeal, Mr. and Ms. Burden state, “Mr. Thibodeau’s responses obviously includes redactions but these redactions are not indicated in anyway on the documents. We fear that other parts of the records may have been redacted and there would not be evidence of the same. Please keep the appeal open until the records are provided according to the law.” The Department’s January 28th Response In its January 28, 2025 response, the Department provided redacted records responsive to Mr. and Ms. Burden’s request. The Department provided no explanation for the redactions in its response. Burden of Specificity The Department is advised that, under the Public Records Law, the burden shall be on the custodian to establish the applicability of an exemption to withhold or redact records. See G. L. c. 66, § 10(b)(iv) (a 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”). See also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. Accordingly, the Department must cite an exemption and explain with specificity how the exemption applies to the redacted portions of the responsive records. Conclusion Accordingly, the Department is ordered to provide Mr. and Ms. Burden with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Mr. and Ms. Burden may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1).

Chief Jeffrey Thibodeau SPR25/0305 Page 3 February 11, 2025 Sincerely, Manza Arthur Supervisor of Records cc: George and Jennifer Burden