George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20252475)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 3, 2025 SPR25/2475 Acting Lieutenant Sean Zrate Records Access Officer Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear Acting Lieutenant Zrate: I have received the petition of George and Jennifer Burden appealing the response of the Lunenburg 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 16, 2025, Mr. and Ms. Burden requested “... copies of all police reports related to the investigation into the alleged misuse of [an identified individual’s] notary stamp,” including the following: [1] All police reports related to the notary stamp investigation[;] [2] Any and all documents, notes, or internal communications related to this matter[;] [3] Clarification on whether the following log numbers correspond to formal police reports or internal logs only [for] three identified log numbers]. The Department responded on August 20, 2025. Unsatisfied with the response, Mr. and Ms. Burden petitioned this office and this appeal, SPR25/2475, 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. 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

Acting Lieutenant Sean Zrate SPR25/2475 Page 2 September 3, 2025 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 August 20th Response In its August 20, 2025 response, the Department responded to Mr. and Ms. Burden, stating “[t]he Lunenburg Police Department is providing you with four [identified log numbers] entries … and one email from [an identified email address] [with attachedment]. Current Appeal In their appeal, Mr. and Ms. Burden state, “…the Lunenburg Police Department…has failed to provide a document with content. One of the files he provided which appears to be a key document to the investigation, where only logs were created and provided, is empty…Please note file ‘FwFailing to Follow Notarial Procedures.eml’ is blank.” Based on Mr. and Ms. Burden’s claims, in conjunction with the Department’s response, it is unclear why the Department provided blank documents responsive to Mr. and Ms. Burden’s 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 Department must clarify whether any additional responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. and Ms. Burden with a response to their request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. and Ms. Burden may appeal the substantive nature of the Department’s supplemental response within ninety (90) days. See 950 C.M.R. 32.08(1).

Acting Lieutenant Sean Zrate SPR25/2475 Page 3 September 3, 2025 Sincerely, Manza Arthur Supervisor of Records cc: George and Jennifer Burden