George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20252532)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 8, 2025 SPR25/2532 Acting Lieutenant Sean Zrate Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear 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 3, 2025, Mr. and Mrs. Burden requested the following: [A]ccess to and copies of any and all records related to the request, approval, and issuance of a work detail for [an identified police officer] at the Lunenburg Public Library on June 30, 2025. [Including]: [1] Any written or electronic request submitted for the detail assignment, including but not limited to emails, memos, or internal forms[;] [2] The original document or email as received by the [Department], if the request was made electronically[;] [3] If the request was made in person, please provide any available video surveillance footage showing the individual making the request, including the date and the time of their visit to the police station[;] [4] Any logs, schedules, or internal communications confirming the assignment of [an identified police officer] to the detail on that date. Previous Petition This request was the subject of a previous petition. See SPR25/1908 Determination of the Supervisor of Records (July 9, 2025). In my July 9th determination, I granted the Department a time extension of 30 business days. Subsequently, the Department responded on August 26, 2025. Unsatisfied with the Department’s response, Mr. and Mrs. Burden petitioned this office, and this appeal, SPR25/2532, was opened as a result. 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 SPR25/2532 Page 2 September 8, 2025 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 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 Department’s August 26th Response On August 26, 2025, the Department produced a “police detail request form for the date of 6/11/2025” and the “[i]nvoice for (4) hour police detail for [an identified police officer].” Current Appeal In their August 26, 2025 appeal to this office, Mr. and Mrs. Burden requested that this office “… investigate whether the [responsive records] ha[ve] been modified, as the date fields appear inconsistent and raise concerns about its authenticity.” Where Mr. and Mrs. Burden seek to verify the authenticity of a public record, I find that no violation of G. L. c. 66, § 10 has been asserted by Mr. and Mrs. Burden in the appeal petition. Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. and Mrs. Burden in the appeal petition, I am unable to issue a determination at this time. If Mr. and Mrs. Burden are not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § l0A(c).

Acting Lieutenant Sean Zrate SPR25/2532 Page 3 September 8, 2025 Sincerely, Manza Arthur Supervisor of Records cc: George and Jennifer Burden