George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20252676)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 23, 2025 SPR25/2676 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. Prior Appeals This request was the subject of a previous petition. See SPR25/1908 Determination of the Supervisor of Records (July 9, 2025) and SPR25/2532 Determination of the Supervisor of Records (September 4, 2025). In my September 4th determination, I closed the administrative appeal as Mr. and Mrs. Burden did not assert a violation of G. L. c. 66, § 10. Subsequently, the Department responded on September 10, 2025. Unsatisfied with the Department’s response, Mr. and Mrs. Burden petitioned this office, and this appeal, SPR25/2676, 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 SPR25/2676 Page 2 September 23, 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 September 10th Response On September 10, 2025, the Department stated, “the Department is under no obligation to create records in response to your request. Furthermore, the Department is not required to answer questions in response to a public records request.” Current Appeal In their September 10, 2025 appeal to this office, Mr. and Mrs. Burden stated that “[the Town’s] email does not provide the records we have requested . . . We ask that this appeal remain open until the complete and relevant records are provided.” Based on Mr. and Mrs. Burden’s appeal and the Department’s response, it is unclear if the Department possesses any additional records responsive to the 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desire 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 Mrs. Burden with a response to the request, provided in a manner consistent with this order, the Public Records Law and its

Acting Lieutenant Sean Zrate SPR25/2676 Page 3 September 23, 2025 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 Mrs. Burden may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: George and Jennifer Burden