George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20251871)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 10, 2025 SPR25/1871 Lieutenant Sean Zrate Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear Lieutenant Zrate: I have received the petition of George and Jennifer Burden appealing the response of the Lunenburg 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 24, 2025, Mr. and Ms. Burden requested “any and all records related to a ‘downed horse’ on a farm in the general vicinity of Flat Hill Road that [an identified individual] responded to on or between March 10, 2025 or March 17, 2025.” Previous Appeal This request was the subject of a previous appeal. See SPR25/1170 Determination of the Supervisor of Records (May 9, 2025). In my May 9th determination, I found that the Department needed to provide reasonable assistance in locating the responsive record. The Department provided a response on June 26, 2025, providing a record responsive to the request. Unsatisfied with the response, Mr. and Ms. Burden petitioned this office and this appeal, SPR25/1871, 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. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of 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

Lieutenant Sean Zrate SPR25/1871 Page 2 July 10, 2025 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. Current Appeal In their appeal to this office, Mr. and Ms. Burden state, “[w]e would like to appeal the attached original request on the basis Zrate has not provided the record that he had previously indicated existed….” The Department’s June 26th Response In its June 26, 2025 response, the Department provided a record responsive to the request. In a telephone call between a staff attorney of the Public Records Division and the Department on July 9, 2025, the Department confirmed there are no additional responsive records to the request. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Further, 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). Where the Department has confirmed it does not possess any additional records responsive to the request, I find the Department has met its burden in responding to this request. Conclusion Accordingly, I will consider this administrative appeal closed.

Lieutenant Sean Zrate SPR25/1871 Page 3 July 10, 2025 Sincerely, Manza Arthur Supervisor of Records cc: George and Jennifer Burden