Collin Dias v. Fall River, City of - Police Department (SPR 20252976)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 21, 2025 SPR25/2976 Amanda Matton Administrative Clerk Fall River Police Department 685 Pleasant Street Fall River, MA 02721 Dear Ms. Matton I have received the petition of Collin Dias appealing the response of the Fall River 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 October 3, 2025, Mr. Dias requested the following: [1] All text messages and emails to, from, or between [an identified police officer] and [three identified individuals]. [2] All text messages to and from [an identified police officer] that contain [eight key words]. The Department responded on October 7, 2025. Unsatisfied with the Department’s response, Mr. Dias petitioned this office, and this appeal, SPR25/2976, 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 establishing the applicability of an exemption). To meet the specificity requirement a custodian 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

Amanda Matton SPR25/2976 Page 2 October 21, 2025 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 Department October 7th Response In its October 7, 2025 response, the Department stated, “[an identified police officer] does not use her department issued phone for texting so there will be no records to produce for that. In terms of emails, conversations between [an identified police officer] and either [an identified individual] or [an identified individual] are done over phone calls or in person so no emails will be produced.” Current Appeal In his appeal, Mr. Dias states, “…the Department must provide records on [an identified police officer’s] private cell phone that relates to police department business. I believe the police department is covering up records.” Records in Possession, Custody, or Control; Duty to Demand Delivery Based on the information provided in Mr. Dias’ appeal and the Department’s response, it is unclear whether responsive records exist. 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). Additionally, 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 City must clarify whether responsive records exist. Further, the Department is advised that public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). In this case, insofar as the police officer identified in the Department’s response possesses records on her personal cellphone created in furtherance of Department business, the Department has a statutory duty to demand delivery of its public records that are outside of its possession. “If the custodian does not have custody of public records, the custodian shall demand delivery from any person unlawfully having possession of the records, and the records shall immediately be delivered by such person to the custodian.” G. L. c. 66, § 17. Conclusion Accordingly, the Department is ordered to provide Mr. Dias with a response to the request, provided in a manner consistent with this order, the Public Records Law and its

Amanda Matton SPR25/2976 Page 3 October 21, 2025 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. Dias may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Collin Dias