David Chritson v. Somerville, City of - City Clerk (SPR 20252973)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 21, 2025 SPR25/2973 Cynthia Amara, Esq. Records Access Officer City of Somerville 93 Highland Avenue, City Hall Somerville, MA 02143 Dear Attorney Amara: I have received the petition of David Chritson appealing the response of the City of Somerville (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 26, 2025, Mr. Chritson requested the following: all existing records associated with investigations and cases that involves [an identified individual]—whether in physical, paper, electronic, or any other format—from July 19, 2021 to September 26, 2025, that are in possession, custody, or control of SPD and/or City of Somerville. Responsive records must also include all existing audiovisual records, audios, videos, images, physical materials, and papers—not just emails. The City responded on October 9, 2025. Unsatisfied with the City’s responses, Mr. Chritson petitioned this office and this appeal, SPR25/2973, 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. Att’y 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

Cynthia Amara, Esq. SPR25/2973 Page 2 October 21, 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. The City’s October 9th Response In its October 9, 2025 response, the City stated, “[a]ll previous responses provided to you including all fee estimates by the City of Somerville and the Somerville Police Department Records Division dating back to at least August 2022, are hereby restated and incorporated herein by reference. In our opinion, no further response is required because we are unable to identify any other responsive records. Please advise if you are seeking copies of all previous replies and documents supplied to you and we will provide a fee estimate for your consideration.” Current Appeal In his October 9, 2025 petition to this office, Mr. Chritson stated, “[t]his petition appeals the City of Somerville’s 10/09/25 response and its intentional failure to identify and release existing additional records that are in the possession, custody, or control of the City and/or the Somerville Police Department.” Based on Mr. Chritson’s petition and the City’s response, it is unclear whether the City possesses additional responsive records. 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). Consequently, the City must clarify whether it possesses additional responsive records. Conclusion Accordingly, the City is ordered to provide Mr. Chritson with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. Chritson may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Cynthia Amara, Esq. SPR25/2973 Page 3 October 21, 2025 Sincerely, Manza Arthur Supervisor of Records cc: David Chritson David Shapiro, Esq.