Jonathan D. Molleur v. Pittsfield, City of - Police Department (SPR 20251020)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 22, 2025 SPR25/1020 Abigail Hunt Records Access Officer Pittsfield Police Department 39 Allen Street Pittsfield, MA 01201 Dear Ms. Hunt: I have received the petition of Jonathan Molleur, Esq., of JD Molleur Law PLLC, appealing the response of the Pittsfield 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 15, 2025, Attorney Molleur requested the following records: [1] A written copy of the [Department’s] internal affairs policies; [2] A copy of all reports, interview transcripts, investigations, video and audio recordings, and any other information in the custody and control of the [Department] regarding the incident which occurred on December 22, 2023 [involving an identified individual’s removal] from his home at [identified address] by two [Department] officers … [3] A copy of all reports, transcripts, recorded interviews, and all other information related to all investigation performed regarding the citizen complaint made by [an identified individual], on or about December 25, 2023, against the [Department] regarding [the December 22, 2023 incident] … [4] All Body Camera Footage of the [December 22, 2023] incident in the custody and control of the [Department]/City of Pittsfield; [5] All materials compiled by the Internal Affairs of the [Department] that involved the incident which occurred on December 22, 2023 … [6] Selectmen Meeting Minutes concerning [the] police response [to the incident on December 22, 2023]. 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

Abigail Hunt SPR25/1020 Page 2 April 22, 2025 [7] The names and badge numbers of both [Department] officers who were present at the incident which occurred on December 22, 2023 … The Department provided a response on April 9, 2025. Unsatisfied with the Department’s response, Attorney Molleur petitioned this office and this appeal, SPR25/1020, 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. See 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. See 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 April 9th Response In its April 9th response, the Department stated, “[we] will begin working on the documents from your request and send those as they are completed, and let you know when the body camera footage is completed …” Current Appeal In his April 14, 2025 petition to this office, Attorney Molleur stated, “[t]o date the Pittsfield Police have not supplied the requested records or claimed that the requested records are exempt from disclosure.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or

Abigail Hunt SPR25/1020 Page 3 April 22, 2025 municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Attorney Molleur submitted his request on January 15, 2025, and the Department has not provided the responsive records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the Department must provide an estimated date as to when it intends to complete its review and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Attorney Molleur with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. Attorney Molleur may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jonathan Molleur, Esq.