Daniel Narreau v. Palmer, Town of - Police Department (SPR 20250606)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 12, 2025 SPR25/0606 Tessa Gurney Records Access Officer Palmer Police Department 4419 Main Street Palmer, MA 01069 Dear Ms. Gurney: I have received the petition of Daniel Narreau appealing the response of the Palmer 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 November 10, 2024, Mr. Narreau requested: … police log entries, police reports, call logs, notes, narratives, any and all communications that involve [a named individual] contacting the Palmer Police Department from January 1, 2024 to present date. Regarding property / alleged tenant issues at … Church Street, aka- … Church Street, aka,- … Church Street Unit #2. Any and all records from Palmer Police relating to [three named individuals] from the same party. The 911 call placed by me on 11/08/2024 at 15:26… All body worn camera footage from the officers; during this incident. Any and all radio transmissions related to this incident. Any and all log entries or additional narratives or reports on this matter. Previous Appeals This request was the subject of previous appeals. See SPR25/0175 Determination of the Supervisor of Records (January 20, 2025) and SPR25/0374 Determination of the Supervisor of Records (February 18, 2025). In my February 18th determination, I found that the Department provided a supplemental response on February 10, 2025. Unsatisfied with the Department’s response, Mr. Narreau appealed, and this case, SPR25/0606, was opened as a result. 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

Tessa Gurney SPR25/0606 Page 2 March 12, 2025 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. Att’y 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 February 10th Response In its February 10, 2025 response, the Department provided records responsive to the request. Current Appeal In his appeal petition, Mr. Narreau provided additional information regarding his record request and argued that additional records exist. He states: The agency has submitted some of the records and the policy requested. They have not yet provided general log entries and or additional reports… On Jan 31, 2024 [an identified individual] called into the [P]almer Police Department, about multiple officers showing up at [a specified address] doing a ‘well being check’ on [an identified individual]…. On November 2, 2024 [an identified individual] called into the PPD…. During the November 8, 2024 incident where I was present and [b]ody worn cameras indicate that [an identified officer] confirms that he ‘spoke’ with [an identified individual] ‘last week’ and advised her to go to ‘[h]ousing court’ also, during the November 8th 2024 incident, [an identified individual] claimed to have ‘several police reports’ that she has made reports. In a telephone call between a staff attorney of the Public Records Division and the Department on March 12, 2025, the Department confirmed that it provided all records responsive to the request.

Tessa Gurney SPR25/0606 Page 3 March 12, 2025 Conclusion Where the Department confirmed that it does not possess additional records responsive to Mr. Narreau’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Narreau is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Daniel Narreau