Andrea Alexis v. Leominster, City of - Police Department (SPR 20251522)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 12, 2025 SPR25/1522 Sergeant Matthew R. Fallon Leominster Police Department 116 Central Street Leominster, MA 01453 Dear Sergeant Fallon: I have received the petition of Andrea Alexis appealing the response of the Leominster 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 17, 2025, Ms. Alexis requested, “copies of all records related to a Section 12 mental health detention that occurred on or around October 2022, involving myself… Specifically, I am requesting:” [1] The Section 12 affidavit submitted to authorize the mental health detention; [2] The incident report or police narrative describing the events leading to the Section 12; [3] Any body cam or cruiser cam footage, including under door footage with any model of flexible miniature camera. [4] Any officer notes or supplemental documentation related to the call or arrest; [5] Names and badge numbers of the responding officers. [6] Any and all documentation related to protocol regarding mental health calls and dispatch as written and reviewed by Leominster Police Dept. The Department responded on May 29, 2025. Unsatisfied with the response, Ms. Alexis petitioned this office and this appeal, SPR25/1522, 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). 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

Sergeant Matthew R. Fallon SPR25/1522 Page 2 June 12, 2025 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 May 29th Response In its May 29, 2025 response, the Department states, “your request is denied under 950 CMR 32.08, as the records you seek are the subject matter of a dispute in active litigation. These records pertain to an active criminal case in the Worcester Superior Court. As of the date of this response, the case has not been adjudicated and is actively being prosecuted by the District Attorney’s Office. Because you are the defendant in this matter, the proper mechanism for obtaining these records is through Rule 14 of the Massachusetts Rules of Criminal Procedure, which governs criminal discovery. You may access these materials through your legal counsel by engaging the [prosecutor’s] office.” Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: The Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. Based on the Department’s response, it is unclear whether the responsive records are the subjects of dispute in pending litigation. Specifically, the Department has not provided a docket number or any other identifying information referring to the possible active litigation mentioned in its response, nor has the Department explained how the responsive records are involved in the litigation. See 950 C.M.R. 32.08(2)(b). Further, please note that a change in the status of any pending litigation could impact the applicability of 950 C.M.R. 32.08(2)(b). Burden of Specificity The Department is advised that, under the Public Records Law, the burden shall be on the custodian to establish the applicability of an exemption to withhold or redact records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions

Sergeant Matthew R. Fallon SPR25/1522 Page 3 June 12, 2025 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”). See also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511; Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non- exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). Accordingly, the Department’s response did not contain the specificity required in a denial of access to public records. Further, the Department did not identify the records in its possession that it intends to withhold from disclosure. To deny access to a record or portion of a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4). The Department must clarify these matters. Conclusion Accordingly, the Department is ordered to provide Ms. Alexis with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Andrea Alexis