Shawn Wiley v. Danvers, Town of - Police Department (SPR 20251872)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 3, 2025 SPR25/1872 James Lovell Police Chief Danvers Police Department 120 Ash Street Danvers, MA 01923 Dear Chief Lovell: I have received the petition of Shawn Wiley appealing the response of the Danvers 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 6, 2025, Mr. Wiley requested the following: [1] Any and all records showing that this report was forwarded to the Criminal Investigations Division (CID), including but not limited to internal communications, email records, logs, or notes of referral. [2] Any records created by CID related to this report, including intake forms, case assignments, investigative summaries, interview notes, or closure statements. [3] The identity of any officer or detective assigned by CID to review or investigate this matter, and the date of such assignment or declination. Prior Appeal This request was the subject of a prior appeal. See SPR25/1430 Determination of the Supervisor of Records (June 2, 2025). In my June 2nd determination, I found that it was unclear whether the Department had provided a response, and ordered it to do so within ten business days. The Department responded on June 26, 2025. Unsatisfied with the response, Mr. Wiley petitioned this office and this appeal, SPR25/1872, 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 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 James Lovell SPR25/1872 Page 2 July 3, 2025 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 City’s June 26th Response In its June 26, 2025 response, the Department provided Mr. Wiley with records it had previously produced on February 12, 2025, in response to an earlier request. The Department stated that all responsive records had also been provided in the course of a pending matter before the Massachusetts Commission Against Discrimination (MCAD). Current Appeal In his June 26, 2025 petition to this office, Mr. Wiley contended that the Department’s response was insufficient under the Public Records Law and that the cited MCAD matter did not prohibit disclosure of responsive records. In a June 30, 2025 telephone conversation with this office, the Department confirmed that all responsive records were included in its February 12 and June 26, 2025 responses to Mr. Wiley. 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). The duty to comply with requests for records extends only 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). Conclusion Given that all responsive records have been provided, and this office has no authority to compel the Department to create records, I will now consider this administrative appeal closed. If Mr. Wiley is not satisfied with the resolution of this administrative appeal, please be advised that

Chief James Lovell SPR25/1872 Page 3 July 3, 2025 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: Shawn Wiley