David J. McLellan v. Lawrence, City of - Police Department (SPR 20251658)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 17, 2025 SPR25/1658 Mark Panagiotakos Sergeant Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Sergeant Panagiotakos: I have received the petition of David J. McLellan, Esq., appealing the response of the Lawrence Police Department (Lawrence) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 26, 2025, Attorney McLellan requested, [1] Any and all records, including witness statements, given in connection with any investigation of criminal activity by [an identified individual][;] [2] Any and all records containing references to [an identified individual][;] [3] Any and all correspondence to, from, or referencing [an identified individual][;] [4] Any and all reports or records pertaining to investigations or interviews prior to, during, or after the investigation of the homicide of [an identified individual]. The Department responded on May 29, 2025. Unsatisfied with the response, Attorney McLellan petitioned this office and this appeal, SPR25/1658, 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. 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

Mark Panagiotakos SPR25/1658 Page 2 June 17, 2025 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 stated: All homicides committed in the City of Lawrence, Ma are investigated by the Massachusetts State Police CPAC unit in conjunction with the Essex County DA’s office. Any records and/or release of these records is requested through the Essex County DA’s office. Current Appeal In his June 10, 2025 petition to this office, Attorney McLellan contended that the Department had failed to cite any exemption to withhold responsive records. The Department’s response did not contain the specificity required in a denial of access to public records. The Department must either provide the requested 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 Department is ordered to provide Attorney McLellan with a response to the 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. Attorney McLellan may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1).

Mark Panagiotakos SPR25/1658 Page 3 June 17, 2025 Sincerely, Manza Arthur Supervisor of Records cc: David J. McLellan, Esq.