Peggy L. Chaput v. Hull, Town of - Police Department (SPR 20251760)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 2, 2025 SPR25/1760 Chief John Dunn Hull Police Department 1 School Street Hull, MA 02045 Dear Chief Dunn: I have received the petition of Peggy L. Chaput appealing the response of the Hull 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 June 2, 2025, Ms. Chaput sought the following: [1] Any Police Incident Reports or Call Log Records regarding [an identified individual] between the dates of 05/01/2025 and 05/31/2025; [2] Any Police Incident Reports or Call Log Records regarding [an identified individual] between the dates of 05/01/2025 and 05/31/2025. The Department responded on June 17, 2025. Unsatisfied with the responses, Ms. Chaput petitioned this office and this appeal, SPR25/1760, 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 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

Chief John Dunn SPR25/1760 Page 2 July 2, 2025 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. See 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 17th Response In its June 17, 2025 response, the Department stated, “[it] re-forwarded [Ms. Chaput’s] request to the Hull Police Chief.” Current Appeal In her June 20, 2025 petition to this office, Ms. Chaput stated, “I am appealing the denial of my Public Records Request dated 06/02/2025 to the Town of Hull, Keeper of Records…the Town of Hull Police Department has been unresponsive.” Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that . . . for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Chaput submitted her request on June 2, 2025, and the Department has not provided responsive records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Department must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Ms. Chaput with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its

Chief John Dunn SPR25/1760 Page 3 July 2, 2025 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. Ms. Chaput may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Peggy L. Chaput