Sabrina Perez v. Framingham, City of (SPR 20251377)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 29, 2025 SPR25/1377 Paul J. Iversen City Records Access Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of Sabrina Perez appealing the response of the City of Framingham (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 28, 2025, Ms. Perez requested, “[a] completed copy of the fire report for the incident that occurred on January 22, 2024, at . . . Worcester Drive in Framingham, MA, known at the time as the Green at 9 and 90.” The City responded on May 8, 2025. Unsatisfied with the City’s response, Ms. Perez petitioned this office and this appeal, SPR25/1377, 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. 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 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 SPR25/1377 Page 2 May 29, 2025 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 8th Response In its May 8, 2025 response, the City stated, “[t]his request has already been responded to.” Current Appeal In her appeal petition, Ms. Perez states, “[g]iven that the [City] stated back in January that the investigation is expected to conclude shortly, I respectfully request that you expedite the processing of this request to allow for timely access to the report.” She additionally notes, “[t]he [City] offered no additional information relating to the completion of document appreciate, nor did [it] provide an explanation for the extensive amount of time that producing the finished report seemed to be consuming.” A review of Ms. Perez’s appeal petition reveals that a request prior to the April 28, 2025 request was sent to the City on January 23, 2025. The January 23rd request sought, “a final copy of the Framingham Fire Department fire report regarding an incident that took place early Monday January 22, 2024 . . . . The location of the fire was . . . building 3 at The [sic] Green at 9 and 90 apartment complex . . . Worcester Road, MA 01702. “ In its February 6, 2025 response to the January 23rd request, the City stated, “[a]t this time, this incident is still under investigation and associated records are exempt per Exemption (f) [G. L. c. 4, § 7(26)(f)]. It is expected that the investigation be closed shortly and a copy of the report can be sent at that time.” Consequently, I find the City has not met its burden of specificity in responding to Ms. Perez’s April 28, 2025 request. Specifically, the City must clarify whether it possesses records responsive to the April 28th request. If the City does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the City is ordered to provide Ms. Perez with a response to her 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.

Paul J. Iversen SPR25/1377 Page 3 May 29, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Sabrina Perez