Shawn Blankenship v. North Brookfield Police Department (SPR 20251155)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 7, 2025 SPR25/1155 Chief Mark Smith Records Access Officer North Brookfield Police Department 55 School Street North Brookfield, MA 01535 Dear Chief Smith: I have received the petition of Shawn Blankenship appealing the response of the North Brookfield 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 29, 2025, Mr. Blankenship requested the following: [1] Discipline taken against [identified police lieutenant] [in regards to]. . .a search warrant on July 4[,]2019[;] [2] Discipline taken against [identified police lieutenant] and [identified police officer] for. . .statements about the conspiracy of March 18[,] 2024[;] [3] Reason why. . .officers [are not held] accountable for their federal offenses[;] [4] Ten complaint form to make official complaints on officers[;] [5] Reason why [Department] [does not] have complaint forms to make complaints [against] officers[;] [6] [The] [b]est number [for] the [A]ttorney [G]eneral’s office[;] [7] [The] reason for allowing multiple criminals to escape justice. . .and all other[s]. . .working in concert with [the Department]. The Department provided a response on April 11, 2025. Unsatisfied with the response, Mr. Blankenship petitioned this office and this appeal, SPR25/1155, 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

Chief Mark Smith SPR25/1155 Page 2 May 7, 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. 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 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 11th Response In its April 11, 2025 response, the Department stated, “[w]ith respect to your request[s] [Item 1, Item 2, Item 3, Item 5, Item 7], please be advised that this Department does not have possession, custody or control of the records requested.” Additionally, the Department stated, in regard to Item 4, “[y]ou have been instructed numerous times on how to file a complaint with this department. You can send an email to this department with your complaint(s) and when it is received it will be date and time stamped when it is received.” In regard to Item 6, the Department provided the phone number for the Department. Current Appeal In his April 23, 2025 petition to this office, Mr. Blankenship alleged that the Department was “obstructing justice, concealing requested materials, and not holding officers accountable for their federal offenses. . .” No Duty to Create Records Please be advised, under the Public Records Law as custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee 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). 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). Conclusion Accordingly, where the Department has stated that “[it] does not have possession, custody or control of the records requested[,]” and has no duty to create records responsive to the requests nor answer questions, I will now consider this administrative appeal closed. Please be

Chief Mark Smith SPR25/1155 Page 3 May 7, 2025 advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Shawn Blankenship