Jeremy Evans v. Arlington, Town of - Police Department (SPR 20252169)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 1, 2025 SPR25/2169 Suzanne Trunfio Records Access Officer Arlington Police Department 112 Mystic Street Arlington, MA 02474 Dear Ms. Trunfio: I have received the petition of Jeremy Evans appealing the response of the Arlington 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 23, 2025, Mr. Evans requested the following for the period of February 20, 2024 to March 30, 2024, “[c]opies of all electronic or written communications made, sent or received on Arlington communication systems that mention [an identified individual].” The Department responded on June 10, 2025. Unsatisfied by the response, Mr. Evans petitioned this office and this appeal, SPR25/2169, 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

Suzanne Trunfio SPR25/2169 Page 2 August 1, 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 June 10th Response In its June 10, 2025 response, the Department cited Exemption (a) of the Public Records Law to withhold “the attachments listed in one of the emails” in their entirety. Current Appeal In his appeal to this office, Mr. Evans objected to the Department’s withholding of the attachments. Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. In its response, the Department cited 803 C.M.R. 7.02, which provides in pertinent part: (1) CJIS shall not be accessed or used for any purpose other than an authorized criminal justice purpose.

Suzanne Trunfio SPR25/2169 Page 3 August 1, 2025 (2) CJIS shall only be accessed or used and CJIS information shall only be disseminated for authorized criminal justice purposes as defined in 803 CMR 7.02. Such purposes may include but are not limited to the following where they otherwise meet the definition of authorized criminal justice purposes provided in 803 CMR 7.02: (a) criminal investigations, including motor vehicle and driver's checks; (b) criminal justice employment; (c) arrests or custodial purposes; (d) civilian employment or licensing purposes as authorized by law and approved by the FBI; (e) determining the status of a court case for purposes of responding to a public records request; and (f) research conducted by a CJA. 803 C.M.R. 7.09. Based on the Department’s response, it is unclear how the responsive records fall within the type of records contemplated in the cited regulation. The Department merely cites 803 C.M.R. 7.09 without any further explanation as to the regulation’s applicability to the responsive records. Specifically, it is unclear how email attachments constitute “…CJIS information [that] shall only be disseminated for authorized criminal justice purposes.” Consequently, the Department has not met its burden to withhold the requested records, in their entirety, under 803 C.M.R. 7.09. See G. L. c. 66, § 10(a); Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 n.18 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a) Conclusion Accordingly, the Department is ordered to provide Mr. Evans with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Evans may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jeremy Evans