Jeremy Evans v. Belmont, Town of - Town Clerk (SPR 20252451)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 29, 2025 SPR25/2451 Ellen O’Brien Cushman Town Clerk Town of Belmont 455 Concord Avenue Belmont, MA 02478 Dear Ms. O’Brien Cushman: I have received the petition of Jeremy Evans appealing the response of the Town of Belmont (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 5, 2025, Mr. Evans requested the following: From Belmont Public Schools: [1] “Reference media reports regarding a Belmont man arrested for lewd behavior that appeared in the Boston Globe on March 8, 2024 and on WCVB TV on March 7th (collectively referred to herein as, “Media Reports”); or [2] Were sent to the Belmont teachers, parents, or community members that reference Media Reports including drafts of those messages or discussions regarding the preparation of those communications. From Belmont Police Department: [1] The PDF attachment that was titled I_242016962 - Combined Reports.PDF and attached to email sent by [an identified individual] to [an identified email address] at 3:44 pm[;] [2] All attachments to [an identified individual’s] email that [they] sent on Thursday March 28, 2024 at 10:00 AM. There appear to be approximately 3 attachments to that email based on the email header information[;] [3] Email from [an identified individual] to [an identified individual] dated March 27, 2024 11:23 AM including all attachments to that email. [4] All Public Records (as defined by MA law) that were created, sent, received, maintained or otherwise in the possession of [an identified individual] that reference or have anything to do with the events referenced in items 1, 2 or 3 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

Ellen O’Brien Cushman SPR25/2451 Page 2 August 29, 2025 above. Responsive Public Records include, but are not limited to: [a] [C]ommunications or inquiries from the public about media reports about the events referenced in items 1, 2 or 3 [b] [A]ny communications with Belmont resident [an identified individual] on March 26, 27 or 28th, 2024 regarding the events referenced in items 1, 2 or 3. [5] All Public Records (as defined by MA law) that that were created, sent, received, maintained or otherwise in the possession of [an identified individual] that reference or have anything to do with the events referenced in items 1, 2 or 3 above. Responsive Public Records include, but are not limited to: [a] [C]ommunications or inquiries from the public about media reports about the events referenced in items 1, 2 or 3. [b] [A]ny communications with Belmont resident [an identified individual] on March 26, 27 or 28th, 2024 regarding the events referenced in items 1, 2 or 3. [c] [A]ny report prepared by [an identified individual] documenting my arrest in Waltham MA on March 1, 2024. [6] Any Public Records (as defined by MA law) that document police department policies and procedures that would govern or authorize a Belmont police offer’s traveling to Waltham MA to participate in the execution of an arrest warrant issued to the Boston Police Department concerning events that were alleged to have occurred in Boston. [7] Any emails sent or received by any member of the Belmont Police Department during the period from February 20, 2024 to March 15, 2024 that includes any of the following email addresses (either in the “To” field, the “From” field or body of the email) [for three email addresses.] The Town responded on July 16, 2025. Unsatisfied with the Town’s July 16th response, Mr. Evans petitioned this office and this appeal, SPR25/2451, 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. Att’y 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.

Ellen O’Brien Cushman SPR25/2451 Page 3 August 29, 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 Town’s July 16th response In its July 16, 2025 response, the Town stated “[y]our Public Records Request has been fulfilled. We have released all of the requested records which we have in our possession. Several of the items requested are not public records controlled by Belmont Police Department (attachments sent by other agencies) and would need to be requested through other municipalities. Several of your requests yield no results…We now consider your request closed.” Current Appeal In his appeal Mr. Evans states, “[t]here were some gaps in that prior response which I have identified…The Belmont Public School system sent a district wide email referencing those media reports but that email was not produced in the prior response. I would like a copy of that email and any drafts or communications that may have mentioned sending or preparing that email. I believe it was sent sometime after March 8, 2024. Any responsive communications should include all attachments…The response from the Belmont Police Department, included emails but did not include attachments to those emails. In addition, some emails that were part of a chain should have been provided separately.” Based on Mr. Evans’ claims, in conjunction with the Town’s response, it is unclear if the Town possesses additional records responsive to his request. 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). However, 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). Consequently, the Town must clarify whether any additional responsive records exist. Conclusion Accordingly, the Town 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 Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Ellen O’Brien Cushman SPR25/2451 Page 4 August 29, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jeremy Evans