Jonathan Gerhardson v. Tewksbury, Town of - Police Department (SPR 20252471)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 3, 2025 SPR25/2471 Erin Gamlin Executive Assistant Tewksbury Police Department 918 Main Street Tewksbury, MA 01876 Dear Ms. Gamlin: I have received the petition of Jonathan Gerhardson appealing the response of the Tewksbury 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 11, 2025, Mr. Gerhardson requested: [1] Organization Audit in Flock. The report should include data logged from the period of May 28 until the date this request is processed … [2] Network Audit in Flock. The report should include data logged from the period of My 28, 2025, to the date this request is processed … I am seeking the full audit logs. Please provide them unmodified in a computer readable format such as csv or xlsx. [3] Any phone call logs, recordings, email correspondence, text messages, or chat logs related to Tewksbury PD working with Immigration and Customs Enforcement, Homeland Security Investigations, or the Department of Homeland Security for a period of May 28 until the date this request is processed. The Department responded on July 17, 2025. Unsatisfied with the response, Mr. Gerhardson petitioned this office and this appeal, SPR25/2471, 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 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

Erin Gamlin SPR25/2471 Page 2 September 3, 2025 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. 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 17th Response In its July 17, 2025 response, the Department provided Mr. Gerhardson with redacted copies of the responsive records. Current Appeal In his August 20, 2025 petition to this office, Mr. Gerhardson stated that the Department “… [had] not claimed any exemptions or explained the reason for these redactions.” The Department’s response did not contain the specificity required in a denial of access to public records. The Department must either provide unredacted copies of the requested records or cite an exemption to the Public Records Law and explain with specificity how such an exemption applies to redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Mr. Gerhardson 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. Gerhardson may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1).

Erin Gamlin SPR25/2471 Page 3 September 3, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jonathan Gerhardson