David Webb v. Worcester, City of (SPR 20252841)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 6, 2025 SPR25/2841 Michael Vigneux Records Access Officer Law Department City of Worcester 455 Main Street, Room 303 Worcester, MA 01608 Dear Mr. Vigneux: I have received the petition of David Webb appealing the response of the City of Worcester (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 5, 2025, Mr. Webb requested “[p]olice reports naming [an identified individual].” The City responded on September 23, 2025, assigning the request reference number W076868-091225. Unsatisfied with the City’s response, Mr. Webb petitioned this office and this appeal, SPR25/2841, 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. 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

Michael Vigneux SPR25/2841 Page 2 October 6, 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. The City’s September 23rd Response In its September 23, 2025 response, the City cited Exemption (f) of the Public Records Law to withhold the responsive records and stated, “[t]he requested records are related to open and ongoing criminal litigation (Worcester District Court Docket No. 2562CR002885, Commonwealth v. Calderon, Ismael). These records are exempt from disclosure during the pendency of the litigation.” Current Appeal In his appeal petition, Mr. Webb stated, “[t]e city of Worcester is unlawfully withholding footage that is important for the public to witness… They are citing legal action against a different person who was arrested… the court case is not relevant to the police report in this request.” In a telephone conversation with this office on September 29, 2025, the City confirmed the responsive records relate to the pending criminal litigation cited in its response. Pending 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. This office has reviewed the Worcester District Court’s docket and verified that criminal litigation relating to the records that are the subject of Mr. Webb’s request is active and ongoing in Worcester District Court. See Commonwealth vs. Calderon, Ismael, Worcester District Court Docket No. 2562CR002885 (May 21, 2025). In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). I further decline to opine on the applicability of Exemption (f). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Michael Vigneux SPR25/2841 Page 3 October 6, 2025 Sincerely, Manza Arthur Supervisor of Records cc: David Webb Janice E. Thompson, Esq.