Christopher Weeks v. Framingham, City of - Police Department (SPR 20251573)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 18, 2025 SPR25/1573 Colleen Kehew Department RAO Framingham Police Department 1 William Welch Way Framingham, MA 01702 Dear Ms. Kehew: I have received the petition of Christopher Weeks appealing the response of the Framingham 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 17, 2025, Mr. Weeks requested the following records “related to [an identified] Incident Call . . . which occurred on July 15, 2024, at . . . Park St., United Way, Framingham, MA, involving [an identified individual] . . .”: [1] All police reports associated with this incident, including any supplemental reports, investigative notes, or summaries[;] [2] All internal memos, emails, or correspondence related to this incident between officers, supervisors, and other personnel[;] [3] All cell phone text messages and communications between any responding officers regarding this incident[;] [4] All body-worn camera footage, dashcam footage, or surveillance footage from this incident[;] [5] Any and all dispatch logs, 911 call recordings, CAD (computer-aided dispatch) records, and radio communications related to this incident. Previous Appeal The requested records were the subject of a previous appeal. See SPR25/1111 Determination of the Supervisor of Records (May 6, 2025). In my May 6th determination, I ordered the Department to clarify whether it possessed additional records responsive to the request. The Department responded on June 3, 2025. Unsatisfied with the response, Mr. Weeks petitioned this office, and this appeal, SPR25/1573, was opened as a result. Subsequently, the Department provided additional information regarding this appeal in an email to this office dated June 5, 2025. 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

Colleen Kehew SPR25/1573 Page 2 June 18, 2025 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 Department’s June 3rd and June 5th Responses In its June 3, 2025 response, the Department advised that it provided records responsive to Mr. Weeks’ March 17, 2025 request, as described above, in its response to a previous request from Mr. Weeks. Specifically, the Department explained the following: This request asks for, in brief: police reports, memos, emails, 911 logs, and other records. However, as indicated in our [previous] response to the requestor, this office had already fulfilled a request by Mr. Weeks (2025-0907) which asked for, in part: “All police reports, calls for service, and incident reports related to any interactions or complaints involving [an identified individual], or any related individuals or locations known. . . . Internal memos, documents, and communications (emails, letters, or any written correspondence) between officers, supervisors, and external agencies concerning [the identified individual’s] interactions with the department. Any records pertaining to arrests, charges, or investigations involving [the identified individual] or incidents [they] reported.” In response to the initial request, 2025-0907, the Department responded with any and all responsive records we were able to locate regarding [the identified individual], including but not limited to the incident for which he requests records in 2025-0837. Therefore, in our response to request 2025-0837, the subject of this appeal, the Department indicated that the requested records had already been provided. Pursuant to 950CMR 32.07 1(a), “a requester shall be entitled to receive in hand, by mail, by facsimile or electronically one copy of a public record or any

Colleen Kehew SPR25/1573 Page 3 June 18, 2025 desired portion of a public record.” As this has been provided, we consider the request fulfilled. Subsequent to the opening of this appeal, in an email to this office dated June 5, 2025, a representative of the Department stated, “[t]his requestor has requested [‘]all records[’] pertaining to him, which have been provided to him. . . . The . . . Department considers his requests fulfilled.” Current Appeal In his appeal petition, Mr. Weeks states that he has, “not received any new or complete records in response to [the previous determination].” Records in Existence; Possession, Custody, or Control; Access to Records Please note that 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). Further, 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). Further, the regulation, 950 C.M.R. 32.07(1)(a), states “upon request, a requestor shall be entitled to receive in hand, by mail, by facsimile or electronically one copy of a public record or any desired portion of a public record.” Conclusion Where the Department provided Mr. Weeks with the requested records and the regulation provided for one copy of each of the responsive records, and the Department further confirmed that it does not possess additional records responsive to Mr. Weeks’ request, I will now consider this administrative appeal closed. If Weeks’ is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Christopher Weeks