Lianne Bishop v. Dedham, Town of - Police Department (SPR 20252980)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 23, 2025 SPR25/2980 Officer Ronald C. Pucci Records Access Officer Dedham Police Department 26 Bryant Street Dedham, MA 02026 Dear Officer Pucci: I have received the petition of Lianne Bishop appealing the response of the Dedham 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 July 28, 2025, Ms. Bishop requested a specified July 25, 2025 incident report, described as “Dedham Community House called for police assistance in dealing with an unruly parent during the pick-up from camp.” Previous Appeal This request was the subject of a previous appeal. See SPR25/2700 Determination of the Supervisor of Records (September 24, 2025). In my September 24th determination, I found that the Department did not meet its burden to withhold records. Subsequently, the Department responded on September 24, 2025. Unsatisfied with the Department’s response, Ms. Bishop petitioned this office, and this appeal, SPR25/2980, 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

Officer Ronald Pucci SPR25/2980 Page 2 October 23, 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 Department’s September 24th Response In its September 24, 2025 response, the Department states that “the report cannot be released under Public Record Exemption (A) G. L. c. 6, § 167. The matter has been turned over to the Dedham District Court.” 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 trial court’s docket and verified that the criminal litigation, relating to the records that are the subject of Ms. Bishop’s request, is active and ongoing in the Dedham District Court. See Commonwealth v. Gwendolyn Latoya Warren, (Dedham District Court Docket No. 2554-CR-000970) (Sep. 4, 2025). In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Lianne Bishop