Thomas Severo v. Reading, Town of - Police Department (SPR 20250856)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 11, 2025 SPR25/0856 Lieutenant Detective Richard P. Abate Records Access Officer Reading Police Department 15 Union Street Reading, MA 01867 Dear Lieutenant Detective Abate: I have received the petition of Thomas Severo appealing the response of the Reading 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, Lauri King, of Gallagher & Cavanaugh, LLP, requested a specified police report. The Department responded on January 14, 2025, providing numerous responsive records in redacted form. Unsatisfied with the Department’s response, Mr. Severo petitioned this office, and this appeal, SPR25/0856, 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 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

Lieutenant Detective Richard P. Abate SPR25/0856 Page 2 April 11, 2025 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 January 14th Response In its January 14, 2025 response, the Department provided a responsive incident report in redacted form, and cited Exemptions (c) and (f) of the Public Records Law for redacting the records. See G. L. c. 4, § 7(26)(c), (f). Current Appeal In his appeal petition, Mr. Severo contends the following: I am appealing on the grounds that this report ought not be publicly disseminated (going forward) for the following reasons: 1) The report was not mentioned in that day’s police log where all public reports are required by 98F to be referenced. 2) The report contains allegations of sexual assault. ... 3) The report contains allegations of domestic violence. ... 4) A separate report (from the Boston Police Department) about a nearly identical set of facts has already been confirmed as confidential by the department (BPD) that took it. ... 5) The Reading Police have already redacted the names of both parties, indicating their understanding of the confidentiality of this report. However, redactions are insufficient protection when a report is requested by a party name. (e.g: “Here is the report you requested about John Smith: ‘[REDACTED] was accused of . . . ‘”) While I recognize there may be little recourse for the dissemination of this report that has already occurred, in the interest of the privacy of the parties involved, I ask the Public Records Division to confirm the applicability of 97D in the instant case going forward. ... 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). In his appeal petition, Mr. Severo appears to allege a violation of G. L. c. 41, § 97D. Please note that such matters 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.

Lieutenant Detective Richard P. Abate SPR25/0856 Page 3 April 11, 2025 Conclusion Accordingly, I will consider this administrative appeal closed. Mr. Severo is advised that he may wish to seek advice from private legal counsel concerning these matters. Sincerely, Manza Arthur Supervisor of Records cc: Thomas Severo