Alex Souza v. Saugus, Town of - Police Department (SPR 20252950)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 20, 2025 SPR25/2950 Christine Finocchiaro Records Access Officer Saugus Police Department 27 Hamilton Street Saugus, MA 01906 Dear Ms. Finocchiaro: I have received the petition of Alex Souza appealing the response of the Saugus 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 25, 2025, Mr. Souza requested a police report for an incident on “9/22/25 around 7:45 pm on Jackson St. [regarding] ...a large police presence – 5 cop cars.” On October 1, 2025, Mr. Souza modified his request to include more description including “[an identified address] … Mon, Sep 22, 2025 - 7:45pm 5 cruisers with lights and a man screaming...” Mr. Souza also requested the “call log / CAD record for that incident instead (the one with the date, time, location, type of call, and outcome)?” The Department responded on September 30, 2025 and October 1, 2025. Unsatisfied with the responses, Mr. Souza petitioned this office and this appeal, SPR25/2950, 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 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

Christine Finocchiaro SPR25/2950 Page 2 October 20, 2025 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. Current appeal In his appeal, Mr. Souza asserts, “[t]his response is not sufficient under the Massachusetts Public Records Law. Even if no formal report was generated, there must be a CAD/dispatch record for an incident involving multiple units. If the department is withholding the record, they are required under M.G.L. c.66, §10 to cite the specific exemption(s) being relied upon. Simply stating ‘there’s nothing’ does not comply with the law. I respectfully request that your office order the Saugus Police Department to provide the responsive records — specifically the CAD/dispatch log or call-for-service entry for the above date, time, and location — with any legally exempt information redacted as appropriate.” The Department’s September 30th and October 1st Responses In its September 30, 2025 response the Department stated, “I have [n]o reports.” In its October 1, 2025 response, the Department stated, “[s]orry there’s nothing that I have to send you.” The Department further stated “I’m not sure what you’re looking for on that day at that time, I don’t see anything in the logs. If you have more information otherwise there is nothing.” Based on Mr. Souza’s claims, in conjunction with the Department’s responses, it is unclear if the Department possesses any records responsive to his 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether any responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Souza with a response to the 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. Souza may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Christine Finocchiaro SPR25/2950 Page 3 October 20, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Alex Souza