George and Jen Burden v. Lunenburg, Town of - Fire Department (SPR 20250923)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 11, 2025 SPR25/0923 Karen Weller Keeper of Records Lunenburg Fire Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear Ms. Weller: I have received the petition of George and Jennifer Burden appealing the response of the Lunenburg Fire Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 28, 2025, Mr. and Ms. Burden requested “any and all call recordings between [an identified individual] and George Burden between and inclusive of 03/08/25 and 03/11/25.” The Department provided a response on April 2, 2025. Unsatisfied with the response, Mr. and Ms. Burden petitioned this office and this appeal, SPR25/0923, was opened as a result. Subsequently, the Department provided a further response on April 8, 2025, and Mr. and Ms. Burden appealed that same day. 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. 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

Karen Weller SPR25/0923 Page 2 April 11, 2025 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, “[t]he recordings missing are extensions of the recordings provided so Ms. Weller indicating that she cannot find the recordings due to lack of knowledge of a new system of how to navigate raises concerns for us and does not make sense. Ms. Weller had enough knowledge to navigate the system in order to find the portions of the records requested but choose to not include all portions of the records requested as is clear per the portions provided. Ms. Weller has also not provided a timeframe that she will provide the additional records. We are requesting the additional records with a proper response be provided and request an appeal to be opened until that time.” The Department’s April 2nd and 8th Response In its April 2, 2025 response, the Department states, “[w]e received a new phone system back in February so I’m trying to navigate the recordings and see where things are. It’s going to take me some time to find those recordings, but I’ll get them to you as soon as I can find them.” In its April 8, 2025 email to this office, the Department states, “the Town installed a new phone system in February, 2025 which is no longer monitored by our old monitoring company Equature[.] I would have to search the new phone system to see if I could find the records he requested. As of now, I cannot find the recordings he requested….” In a telephone call between a staff attorney of the Public Records Division and the Department on April 11, 2025, the Department confirmed that it searched for and has found no responsive records to Mr. and Ms. Burden’s request. Conclusion Where the Department confirmed that it does not possess records responsive to Mr. and Ms. Burden’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. and Ms. Burden are 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).

Karen Weller SPR25/0923 Page 3 April 11, 2025 Sincerely, Manza Arthur Supervisor of Records cc: George and Jennifer Burden