Yisbert Lara v. Springfield, City of (SPR 20252334)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 18, 2025 SPR25/2334 Stephen G. Roche, Esq. Associate City Solicitor City of Springfield 36 Court Street, Room 210 Springfield, MA 01103 Dear Attorney Roche: I have received the petition of Yisbert Lara appealing the response of the City of Springfield (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 17, 2025, Mr. Lara requested, “… a complete copy of any and all procedures, protocols, rules, regulations, policies, memos, orders etc[.] for the Springfield Police Department Evidence Room for the years of 2014-2015.” Mr. Lara received the City’s response on July 29, 2025. Unsatisfied with the response, Mr. Lara petitioned this office and this appeal, SPR25/2334, was opened as a result. Subsequently, on August 12, 2025, the City provided an additional response. 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

Stephen G. Roche, Esq. SPR25/2334 Page 2 August 18, 2025 If there are any fees associated with a response a written, good faith estimate must be 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 City’s Responses On July 29, 2025, Mr. Lara received the City’s response in which the City provided two website links and stated, “[t]his is not information the clerk’s office has. You can try to request this using our records portal.” On August 12, 2025, the City stated, “[y]our request will be forwarded to the appropriate department[s] and a response will be sent to you as soon as we have obtained and reviewed any document[s] that may be responsive to your request. Pursuant to M.G.L. ch. 66, § 10(b), the City has ten [10] business days to respond to your request. Records will be sent via first class mail.” On August 12, 2025, in a correspondence to this office, the City stated, “[p]lease be advised, the Public Records Division learned of this request after being notified of the requester’s appeal. Current Appeal In his August 9, 2025 petition to this office, Mr. Lara stated, “[b]ased on my understanding and the Mass. statewide records retention, all police depts. in Mass. have possession, custody, and control of their own procedures, protocols, etc. [The Department’s] response direct[ed] me to an online digital ‘portal’ that I don’t have access to. I am an incarcerated individual without access to internet, it is impossible for me to obtain the requested information…” It is my understanding that the City was notified of this request on August 11, 2025. Subsequent to the opening of this appeal, I learned that the City intends to provide a response to Mr. Lara. Accordingly, the City is ordered to provide Mr. Lara with said response in accordance with the Public Records Law, its Regulations and this order 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. Lara may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Yisbert Lara