Courtney Monte v. Somerset, Town of - Police Department (SPR 20252764)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 1, 2025 SPR25/2764 Captain William Tedford Somerset Police Department 465 County Street Somerset, MA 02726 Dear Captain Tedford: I have received the petition of Courtney Monte appealing the response of the Somerset 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 September 13, 2025, Ms. Monte requested, “... a copy of any and all police reports regarding my daughter. . . . Specifically, report 25-953-OF, from 9/12/2025 [and] all the body camera footage related to the incident on 9/12/2025.” The Department responded on September 16, 2025. Unsatisfied with the response, Ms. Monte petitioned this office and this appeal, SPR25/2764, was opened as a result. Subsequently the Department provided a further response on September 30, 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. 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

Captain William Tedford SPR25/2764 Page 2 October 1, 2025 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. Identity or Status of Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Therefore, Ms. Monte’s interest in obtaining the records shall have no bearing on the public nature of the records. Current appeal In her appeal, Ms. Monte asserts, “[m]y request was denied on the basis that the records are part of a criminal court case that had been submitted to Fall River District Courthouse and has not been adjudicated as of the date of denial letter response. The denial letter also incorrectly identified me as the defendant. However, it is my understanding that my minor daughter is the defendant, and I submitted the request as the parent of the minor. . . . I am requesting reconsideration of the denial of records involving my daughter. Subsequently, the requested records pertain to an incident directly affecting my child. While I understand that certain information may be redacted, such as other minors’ names and faces, etc. I respectfully request that any and all non-exempt portions of the records.” The Department’s September 16th and September 30th Responses In its September 16, 2025 response, the Department stated the following: [t]he Somerset Police Department has denied your request for these reports at this time. The record(s) requested is a criminal court case that has been submitted to Fall River District Courthouse and has not yet been adjudicated as of this date. Your request is hereby denied pursuant to 950 CMR 32.08(2), as the records you seek are the subject matter of a dispute in active litigation. Under these regulations, a records custodian is not required to release materials that are currently the subject of dispute in active court proceedings. If you choose to appeal this denial to the Supervisor of Public Records, this Department will request that the appeal be denied on this basis. Additionally, because you are the defendant in this matter, the proper mechanism for obtaining these and other related records is through Rule 14 of the Massachusetts Rules of Criminal Procedure, which governs criminal discovery. You may access these materials through your legal counsel by engaging the prosecutor’s office.

Captain William Tedford SPR25/2764 Page 3 October 1, 2025 In its September 30, 2025 response, the Department advised that “[t]he matter is pending in Fall River Juvenile Court for a magistrate’s hearing on 10/21/2025 at 9 am. The docket in this matter is 25AC0882FV.” Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Courtney Monte