Christopher Bianchi v. Southborough, Town of - Police Department (SPR 20250502)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 3, 2025 SPR25/0502 Ryan M. Newell Chief of Police Southborough Police Department 32 Cordaville Road Southborough, MA 01772 Dear Chief Newell: I have received the petition of Christopher Bianchi appealing the response of the Southborough 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 27, 2025, Mr. Bianchi requested a police report involving himself related to an incident that occurred in 2009. Previous Appeal This request was the subject of a previous appeal. See SPR25/0461 Determination of the Supervisor of Records (February 20, 2025). In my February 20th determination, I learned that the Department provided Mr. Bianchi with a supplemental response on February 20, 2025. Unsatisfied with the Department’s response, Mr. Bianchi petitioned this office and this appeal, SPR25/0502, 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 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

Ryan M. Newell SPR25/0502 Page 2 March 3, 2025 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 his appeal petition, Mr. Bianchi states: I was provided the incorrect Police Report in this matter … I am writing because I was trying to request a different police report associated with the breaking and entering charges from 2009 in Southborough, MA. The Police Report that was provided is not what I was looking for. I am looking for the Police Report associated with a case resulted in my conviction for trespassing and larceny from an incident that occurred when I was 17 years old… The Department’s February 20th Response In its February 20, 2025 response, the Department states, “I have attached a redacted report as per the request of Mr. Christopher Bianchi. The redactions were made under Exemption C (Privacy), as they involve identifiers of juveniles, witnesses, victims, and 3rd party assistance. I have spoken with Mr. Bianchi over the phone and have advised him of this plan, as I understand that Mr. Bianchi is under a time constraint…” Modified Request Subsequent to the opening of this appeal, in an email to the Department and this office on February 25, 2025, Mr. Bianchi expanded the scope of his request and provided the following clarification: I would like to formally request copies of all other police reports that are available and associated with my name or any incidents involving me. If there are additional records or reports in your department’s possession, I kindly ask that they be provided to me. Conclusion Given the modifications to Mr. Bianchi’s original request, I find it unnecessary to address the issues raised in his appeal at this time. This office encourages Mr. Bianchi and the Department to continue to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or

Ryan M. Newell SPR25/0502 Page 3 March 3, 2025 offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Accordingly, the Department is ordered to provide Mr. Bianchi with a response to his modified February 25th request in a manner consistent with the Public Records Law and its Regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Bianchi may appeal the substantive nature of the Department’s response to his modified request within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Christopher Bianchi