Timothy Ryan v. Amesbury, City of - Police Department (SPR 20252193)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 7, 2025 SPR25/2193 Janet Moyer Executive Assistant to the Chief of Police Records Access Officer Amesbury Police Department 19 School Street Amesbury, MA 01913 Dear Ms. Moyer: I have received the petition of Timothy Ryan appealing the response of the Amesbury 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 8, 2025, Mr. Ryan requested “all reports from 5/2012 to present” and provided a specific name and address. The Department responded on July 23, 2025. Unsatisfied with the Department’s response, Mr. Ryan petitioned this office, and this appeal, SPR25/2193, 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

Janet Moyer SPR25/2193 Page 2 August 7, 2025 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. Current Appeal In his appeal petition, Mr. Ryan refers to his previous attorney, indicates that he recently obtained a new attorney, and states that “I did not get all of my records returned. This is why I need a full copy for my new attorney.” The Department’s July 23rd Response In its July 23, 2025 response, the Department states the following: The request appears to be part of a pattern of repetitive inquiries seeking records that have already been provided to you on multiple occasions. Most of the reports you requested were already given to you. I have enclosed 14 reports that my records indicate have not been given to you. As of June 11, 2025 you have received ALL reports associated with your name. Records in Existence; Possession, Custody, or Control Please be advised 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 a telephone conversation with this office on August 5, 2025, the Department confirmed that it has provided Mr. Ryan with all responsive records in its possession. Please be advised that according to 950 C.M.R. 32.07(1)(a), “upon request, a requester shall be entitled to receive in hand, by mail, by facsimile or electronically one copy of a public record or any desired portion of a public record.” In this case, where the Department has previously provided Mr. Ryan with the requested records, and the regulations require that one copy of a public record be provided, I find the Department has met its burden in responding to this request. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Ryan is not satisfied with the resolution of this administrative appeal, please be advised that this office shares

Janet Moyer SPR25/2193 Page 3 August 7, 2025 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: Timothy Ryan