David Webb v. Worcester City Clerk (SPR 20251338)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 22, 2025 SPR25/1338; SPR25/1340; SPR25/1341; SPR25/1347 Michael Vigneux Records Access Officer Law Department City of Worcester 455 Main Street, Room 303 Worcester, MA 01608 Dear Mr. Vigneux: I have received the petition of David Webb appealing the responses of the City of Worcester (City) to four requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 27, 2025, Mr. Webb requested the following: SPR25/1338 “All police reports from route car 66 Sunday April 27th between 11am and 2pm.” SPR25/1340 “Bodyworn camera footage from the officer in vehicle EOPS1 approximately 12:05pm April 27th.” SPR25/1341 “All police reports, or dispatch records, from EOP-2 Sunday April 27th between noon and 2pm.” SPR25/1347 “All police reports, or dispatch records, from K9-5 Sunday April 27th between noon and 2pm.” On April 27, 2025, the City confirmed receipt of each of Mr. Webb’s requests, assigning the requests reference numbers P069508-042725, P069513-042725, P069509-042725 and 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

Michael Vigneux SPR25/1338; SPR25/1340; Page 2 SPR25/1341; SPR25/1347 May 22, 2025 P069510-042725 respectively. On May 13, 2025, the City responded separately to each request. Unsatisfied with the City’s responses, Mr. Webb petitioned this office and these appeals, SPR25/1338, SPR25/1340, SPR25/1341 and SPR25/1347, were 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. 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. The City’s May 13th Responses In its first May 13, 2025 response, regarding the subject request of SPR25/1338, the City stated, “[r]oute car numbers are not a searchable field, the City is unable to locate records based on the information provided in your request.” Further, in each of the City’s subsequent May 13, 2025 responses, regarding the subject requests of SPR25/1340, SPR25/1341 and SPR25/1347, the City stated, “[v]ehicle numbers are not a searchable field; the City is unable to locate records based on the information provided in your request.” Current Appeal In his appeal petition, Mr. Webb states, “[t]he city of Worcester pretended it was unable to provide responsive records by claiming that [a] vehicle number is not a search time [sic], but has advised me in the past that if I was able to provide an officer name, badge number, or vehicle number they would be able to locate the responsive records.”

Michael Vigneux SPR25/1338; SPR25/1340; Page 3 SPR25/1341; SPR25/1347 May 22, 2025 Possession, Custody and Control; Records in Existence The City is advised that 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, 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). Based on the information provided in Mr. Webb’s appeal petition and the City’s responses, it is unclear whether the City possesses records responsive to Mr. Webb’s requests. The City must clarify this. To the extent that the referenced records exist, I find that the City must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the City is ordered to provide Mr. Webb with responses to the requests 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 responses must be provided to this office. It is preferable to send an electronic copy of the responses to this office at pre@sec.state.ma.us. Mr. Webb may appeal the substantive nature of the City’s responses within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: David Webb Janice E. Thompson, Esq.