Erica Pratt v. Nahant, Town of - Police Department (SPR 20252690)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 12, 2025 SPR25/2690 Timothy Furlong Chief of Police Nahant Police Department 198 Nahant Road Nahant, MA 01908 Dear Chief Furlong: I have received the petition of Erica Pratt appealing the response of the Nahant Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In two separate requests on August 26 and September 9, 2025, Ms. Pratt sought: [1] All police reports, incident logs, call logs, and officer notes related to the wellness check and animal seizure that occurred at [a specified location] [in September 2024][;] [2] All documents, emails, or communications between the Nahant Police Department and the Animal Control Officer regarding the removal, custody, transfer, or adoption of [two specified animals][;] [3] Records identifying the person or entity to whom [a specified animal] was transferred, including any adoption paperwork, transfer forms, veterinary records, or agreements[;] [4] Any town policies, procedures, or training materials regarding animal seizures, voluntary surrenders, or animal cruelty investigations. [5] Surety Bond Information – please provide the name of the bonding company, policy/bond number, and coverage limits of [an identified individual’s] surety bond … The Department responded on September 11, 2025. Unsatisfied with the response, Ms. Pratt petitioned this office and this appeal, SPR25/2690, 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

Timothy M. Furlong SPR25/2690 Page 2 September 12, 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. 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 11th response In its September 11, 2025 response, the Department provided Ms. Pratt with responsive records. The Department stated that it possessed no records related to surety bonds, as “… the police department is covered under the Town’s insurance policy, not a bond.” Current Appeal In her September 11, 2025 petition to this office, Ms. Pratt characterized the Department’s response as “out of compliance” with the Public Records Law, and requested that the Department provide her with additional records responsive to her requests. In a September 12, 2025 telephone conversation with this office, the Department confirmed that it had produced all records in its possession responsive to Ms. Pratt’s requests. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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).

Timothy M. Furlong SPR25/2690 Page 3 September 12, 2025 Conclusion Given that all responsive records have been provided, and this office has no authority to compel the Department to create records, I will now consider this administrative appeal closed. If Ms. Pratt is 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, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Erica Pratt