Jim Pillsbury v. Framingham, City of - Police Department (SPR 20251098)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 24, 2025 SPR25/1098 Paul J. Iversen Records Access Officer City of Framingham 150 Concord Street, Room B-37 Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of Jim Pillsbury, appealing the response of the Framingham 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 March 27, 2025, Mr. Pillsbury queried: May I know how many police department employee’s [sic] are out on 11F, how many are away on Military leave and how many have been transfers to other agencies. For clarity, at the last finance sub-committee meeting on 3.25.2025, the Mayor mentioned these three subjects about the police department personnel. The Department responded on April 15, 2025. Unsatisfied with the response, Mr. Pillsbury petitioned this office and this appeal, SPR25/1098, 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. 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 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

Paul J. Iversen SPR25/1098 Page 2 April 24, 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. The Department’s April 15th Response In its April 15, 2025 response, the Department informed Mr. Pillsbury that it “… does not consider this information to be a public records subject to disclosure under the Massachusetts Public Records Law.” In support of this assertion, the Department cited Exemption (n) of the Public Records Law. Current Appeal In his April 22, 2025 petition to this office, Mr. Pillsbury contends that Exemption (n) is unrelated to the information he is seeking, and that there is a public interest in the disclosure of said information. No Duty to Answer Questions Mr. Pillsbury is advised that the duty to comply with requests for records extends only to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Pursuant to the Public Records Law, a custodian is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Where Mr. Pillsbury submitted to the Department a list of questions, I find the Department has no duty under the Public Records Law to answer such questions. Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Pillsbury 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).

Paul J. Iversen SPR25/1098 Page 3 April 24, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jim Pillsbury Colleen Kehew