Konstantinos Iliadis v. Haverhill, City of - Police Department (SPR 20252003)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 24, 2025 SPR25/2003 Aniela Ricci Records Clerk Haverhill Police Department 40 Bailey Boulevard Haverhill, MA 01830 Dear Ms. Ricci: I have received the petition of Konstantinos Iliadis appealing the response of the Haverhill 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 July 9, 2025, Mr. Iliadis requested a police report related to an incident that occurred on September 27, 2001. The Department responded on July 9, 2025. Unsatisfied with the Department’s response, Mr. Iliadis appealed, and this case, SPR25/2003, was opened as a result. Status of Requestor In his appeal petition, Mr. Iliadis states that “I am entitled to those documents of that horrific event...” Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Iliadis’ status will play no role in a determination as to whether the record should be disclosed or redacted under the Public Records Law. 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, 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

Aniela Ricci SPR25/2003 Page 2 July 24, 2025 § 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 July 9th Response In its July 9, 2025 response, the Department states, “the Haverhill Police Department is not in possession, custody or control of the report requested. The records have been purged pursuant to the Massachusetts Public Records Law. The mandatory disclosure provision of the Public Records Law only applies to information that is in the custody of the department at the time the request is received.” No Duty to Create 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). In an email to a staff attorney of the Public Records Division on July 14, 2025, the Department confirmed that a search was conducted, and that the Department is not in possession of any reports responsive to Mr. Iliadis’ request. Conclusion Where the Department confirmed that it does not possess records responsive to Mr. Iliadis’ request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Iliadis 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).

Aniela Ricci SPR25/2003 Page 3 July 24, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Konstantinos Iliadis