George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20252128)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 24, 2025 SPR25/2128 Lieutenant Sean Zrate Records Access Officer Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear Lieutenant Zrate: I have received the petition of George and Jen Burden (Mr. and Ms. 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 July 16, 2025, Mr. and Ms. Burden requested “…copies of all police reports related to the investigation into the alleged misuse of [the] Town Clerk[’s] notary stamp…” The Department responded on July 17, 2025. Unsatisfied with the responses, Mr. and Ms. Burden petitioned this office and this appeal, SPR25/2128, 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 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 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 SPR25/2128 Page 2 July 24, 2025 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 July 17th Response On July 17, 2025, the Department stated, “[p]lease be advised that, due to the volume of requests that you have recently submitted, the Department is unable to search for, compile, reproduce, and, if necessary, redact and/or segregate the responsive records within the statutory 10-business-day timeframe. Therefore, pursuant to G. L. c. 66, §10(b)(vi), the department is extending said timeframe and making the new due date for the Department’s response August 27, 2025. Rest assured, we are working diligently to respond to your request in accordance with the Commonwealth’s Public Records Law.” Current Appeal In their July 18, 2025 appeal to this office, Mr. and Ms. Burden stated, “[d]espite the statutory requirement under Massachusetts Public Records Law to respond within 10 business days[,] Mr. Zrate’s response does not address the substance of our request…” Where the Department indicated in its July 17th response that it intended to provide a response within the allowed statutory timeframe, it is unclear the basis of Mr. and Ms. Burden’s appeal. See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and 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). Upon review, I find that Mr. and Ms. Burden submitted their request on July 16, 2025, and the Department responded on July 17, 2025. The request was sent on July 16th and the 25 business days began accruing July 17th as day one, requiring the response to be issued on August 20, 2025 to be in compliance with the provisions of G. L. c. 66, § 10(b)(vi). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66 § 10A(a). Given that no violation of G. L. c. 66 § 10 has been asserted by Mr. and Ms. Burden in the appeal petition, I am unable to issue a determination at this time. If issues remain once Mr. and Ms. Burden receive the response, or if the Department fails to provide a response within the statutory timeframe, they may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1).

Lieutenant Sean Zrate SPR25/2128 Page 3 July 24, 2025 Sincerely, Manza Arthur Supervisor of Records cc: George and Jen Burden