Michael Saccone v. Stoughton, Town of - Police Department (SPR 20252872)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 14, 2025 SPR25/2872 Jill Russell Records Access Officer Stoughton Police Department 26 Rose Street Stoughton, MA 02072 Dear Ms. Russell: I have received the petition of Michael Saccone appealing the response of the Stoughton 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 16, 2025, Mr. Saccone requested the following related “to a reported failure to stop that occurred on December 13, 2020 at approximately 15:45”: [1] All incident reports, arrest reports, or narrative reports created in connection with this incident[;] [2] Any and all dash camera footage from patrol vehicles related to the incident[;] [3] Any and all officer body-worn camera footage related to the incident[;] [4] Any Stoughton Police Department pursuit policies effective December 13, 2020[.] Previous Appeal This request was the subject of a previous appeal. See SPR25/2742 Determination of the Supervisor of Records (September 29, 2025). In my September 29th determination, I ordered the Department to either provide the requested records or cite an exemption to the Public Records Law and explain with specificity how such an exemption applied to withhold or redact the records. The Department responded on September 30, 2025. Unsatisfied with the response, Mr. Saccone petitioned this office and this appeal, SPR25/2872, was opened as a result. Status of the Requestor; Reason for the Request 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 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

Jill Russell SPR25/2872 Page 2 October 14, 2025 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). Accordingly, Mr. Saccone’s purpose in making the request has no bearing on the public status of any existing responsive records. 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 30th Response In its September 30, 2025 response, the Department cited the Criminal Offender Record Information (CORI) Act, as it operates through Exemption (a) of the Public Records Law to withhold records responsive to Item 1 in their entirety. Additionally, the Department stated, in reference to Items 2 and 3, that “[a]t the time of the incident the Stoughton Police Department did not possess, deploy or use body worn cameras or dash cam videos in any capacity.” Finally, the Department provided a record responsive to the Item 4 request. Current Appeal In his September 30, 2025 appeal to this office, Mr. Saccone objected to the Department’s withholding of “incident reports, arrest reports, or narrative reports.” Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are:

Jill Russell SPR25/2872 Page 3 October 14, 2025 specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. Criminal Offender Record Information (CORI) The current definition of CORI is as follows: “Criminal offender record information”, records and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to information recorded in criminal proceedings that are not dismissed before arraignment. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information. Criminal offender record information shall be limited to information concerning persons who have attained the age of 18 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 18; provided, however, that if a person under the age of 18 was adjudicated as an adult in superior court or adjudicated as an adult after transfer of a case from a juvenile session to another trial court department, information relating to such criminal offense shall be criminal offender record information. Criminal offender record information shall not

Jill Russell SPR25/2872 Page 4 October 14, 2025 include information concerning any offenses which are not punishable by incarceration. G. L. c. 6, § 167. Burden of Specificity in Claiming Exemptions Under the Public Records Law, the burden shall be upon the records custodian to establish the applicability of an exemption. G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based . . .”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. The Department’s response did not contain the specificity required in a denial of access to public records. The Department cites CORI, as it operates through Exemption (a), without any explanation of the applicability of the statute to any responsive records. Specifically, the Department has not demonstrated that the withheld records constitute “information recorded in criminal proceedings that are not dismissed before arraignment” as defined in G. L. c. 6, § 167. It is also not clear from the Department’s response what responsive records are being withheld from disclosure. See G. L. c. 66, § 10(b)(iv); see also Globe Newspaper Co., 419 Mass. at 857; Flatley, 419 Mass. at 511. Further, it is uncertain how the records can be withheld in their entirety. See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). The Department must clarify these matters. Conclusion Accordingly, the Department is ordered to provide Mr. Saccone with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Saccone may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1).

Jill Russell SPR25/2872 Page 5 October 14, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Michael Saccone Lieutenant Thomas Hansler