Collin Dias v. Fall River, City of - Police Department (SPR 20252144)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 31, 2025 SPR25/2144 Ashley Ferreira Records Clerk Fall River Police Department 685 Pleasant Street Fall River, MA 02721 Dear Ms. Ferreira: I have received the petition of Collin Dias appealing the response of the Fall River 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 21, 2025, Mr. Dias requested, “[a]ny police report that mentions the following key words: . . . from January 1st, 2020, until July 19th, 2025.” The Department responded on July 21, 2025, assigning the request reference number P005253-072125. Unsatisfied with the Department’s response, Mr. Dias petitioned this office and this appeal, SPR25/2144, 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. 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

Ashley Ferreira SPR25/2144 Page 2 July 31, 2025 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 21st Response In its July 21, 2025 response, the Department stated, “[f]urther clarification is required to complete your request: do you have a specific date as we cannot search by key words[?]… Upon receipt of clarification, the Fall River Police Department will further respond to your public records request as required by law.” Current Appeal In his appeal petition, Mr. Dias stated, “…I received a response which did not contain records. The Police Department has a duty to search for the records I have requested.” Possession, Custody and Control; Records in Existence The Department is advised that 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). 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). Based on the Department’s response, it is unclear whether the Department possesses records responsive to Mr. Dias’ request. The Department must clarify this. To the extent that responsive records exist, I find that the Department must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). This office encourages Mr. Dias and the Department to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Conclusion Accordingly, the Department is ordered to provide Mr. Dias with a response to the request provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such responses must be provided to

Ashley Ferreira SPR25/2144 Page 3 July 31, 2025 this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Dias may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Collin Dias