Christopher Weeks v. Framingham, City of - Police Department (SPR 20251111)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 6, 2025 SPR25/1111 Colleen Kehew Department RAO Framingham Police Department 1 William Welch Way Framingham, MA 01702 Dear Ms. Kehew: I have received the petition of Christopher Weeks 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 17, 2025, Mr. Weeks requested the following records “related to [an identified] Incident Call . . . which occurred on July 15, 2024, at . . . Park St., United Way, Framingham, MA, involving [an identified individual] . . .”: [1] All police reports associated with this incident, including any supplemental reports, investigative notes, or summaries[;] [2] All internal memos, emails, or correspondence related to this incident between officers, supervisors, and other personnel[;] [3] All cell phone text messages and communications between any responding officers regarding this incident[;] [4] All body-worn camera footage, dashcam footage, or surveillance footage from this incident[;] [5] Any and all dispatch logs, 911 call recordings, CAD (computer-aided dispatch) records, and radio communications related to this incident. The Department responded on March 31, 2025. Unsatisfied with the Department’s response, Mr. Weeks appealed, and this case, SPR25/1111, 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 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

Colleen Kehew SPR25/1111 Page 2 May 6, 2025 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 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 his appeal, Mr. Weeks contends that “[t]he Department’s response merely claimed that [his] request was [‘]fulfilled[’] due to a previous response (referencing Request No. 2025- 0277).” He further indicates that the records responsive to his March 17, 2025 request “remain unproduced[.]” The Department’s March 31st Response In its March 31, 2025 response, the Department stated, “[p]lease be advised that the Department considers this request fulfilled due to the response sent to request 2025-0277 asking for all records.” A review of the case file indicates that the Department did not provide any responsive records with its March 31, 2025 response. Records in Existence; Possession, Custody, or Control Please be advised that the duty to comply with requests for records extends 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). Additionally, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Although the Department explains in its March 31, 2025 response that it previously provided records responsive to this request in its response to a previous request from Mr. Weeks, based on the information provided in Mr. Weeks’ appeal, it is unclear whether the Department possesses additional responsive records. The Department should clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Weeks with a response to the request, provided in a manner consistent with this order, the Public Records Law and its

Colleen Kehew SPR25/1111 Page 3 May 6, 2025 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. Sincerely, Manza Arthur Supervisor of Records cc: Christopher Weeks