FwcInvestigations X v. Lowell, City of - Police Department (SPR 20251461)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 3, 2025 SPR25/1461 Jacqueline Cook Keeper of Records Lowell Police Department 50 Arcand Drive Lowell, MA 01852 Dear Ms. Cook: I have received the petition of FwcInvestigations (requestor) appealing the response of the Lowell 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 May 22, 2025, the requestor sought “…arrest logs or booking information maintained by the Lowell Police Department for the time period of April 1, 2023 (04/01/2023) through May 22, 2025 (05/22/2025). Specifically… the public portion of the arrest log entries, including… Name of arrestee, Date and time of arrest, General location of arrest, Charges filed, Booking or arrest number (if applicable).” The Department provided multiple responses on May 22, 2025. Unsatisfied with the Department’s responses, the requestor petitioned this office and this appeal, SPR25/1461, 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. 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

Jacqueline Cook SPR25/1461 Page 2 June 3, 2025 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 May 22nd Responses In its first May 22, 2025 response, the Department stated, “[t]his request is ready for you. There are over 500 pages so you can either come by the main desk and pick it up or give an address and we will be glad to mail them to you.” When the requestor asked for the records to be delivered electronically via email, the Department responded, “[t]he 500 pages will be sent electronically but unfortunately not for 6 weeks. We have been relocated out of our office while it is being renovated. We don’t have the ability in our temporary location.” In reply, the requestor sought clarification of Department’s “justification and timeline” for the expected delivery date, to which the Department responded, “[u]nfortunately, we can’t confirm the date. Whenever the contractors have completed the refurbishment and it is safe for us to return to our offices, we will send the documents to you.” Current Appeal In its appeal petition, the requestor states, “I am writing to appeal the failure of the Lowell Police Department to provide a timely and legally sufficient response to my public records request… I was told the records could be mailed or picked up in person, which confirms that the documents are already compiled and accessible. If they are available for physical distribution, it is unclear why they cannot be sent electronically…” Unclear Appeal Based on the Department’s responses and the information provided in the requestor’s appeal petition, I find that the basis of the requestor’s appeal is unclear. The requestor is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). In this case, the Department has indicated that the records are currently available to be picked up or mailed to the requestor and has explained why they cannot be immediately sent electronically. Further, the Department has offered to provide the records electronically when it is feasible to do so. This office encourages the requestor and the Department to continue communicating in order to arrange receipt of the responsive records.

Jacqueline Cook SPR25/1461 Page 3 June 3, 2025 Conclusion Accordingly, I will consider this administrative appeal closed. If issues remain once the requestor receives the records, the requestor may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: FwcInvestigations