Matthew Lyons v. Waltham, City of - Police Department (SPR 20253054)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 23, 2025 SPR25/3054 Captain Jeffrey M. Rodley Waltham Police Department 155 Lexington Street Waltham, MA 02452 Dear Captain Rodley: I have received the petition of Matthew Lyons appealing the response of the Waltham 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 15, 2025, Mr. Lyons requested: I am following up on the [identified individual’s] accusation of malicious destruction of property and trespassing against my minor daughter from 9/18/2025. The police log has an entry Incident # 25038937 at 2:37PM with [an identified address] where I assume that is [an identified individual] coming to the police station. I am looking for a simple screenshot with date and time stamp of [an identified individual] entering or exiting the building or anywhere on premises that day. The Department responded on October 17, 2025. Unsatisfied with the response, Mr. Lyons petitioned this office and this appeal, SPR25/3054, 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

Captain Jeffrey M. Rodley SPR25/3054 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. Current Appeal In his appeal petition, Mr. Lyons contends that, “WPD provided an unrelated police report of [an identified individual] from an incident in 2015 and stated the request was fulfilled in their system.” The Department’s October 17th Response In its October 17, 2025 response, the Department responded that it “reviewed its files and has located responsive records to [Mr. Lyon’s] request.” The response included a link to the Department’s online Public Records Center labeled “Police Records Request - R000641- 101525.” Further, the Department provided Mr. Lyons with documents related to the investigation of his daughter, including the September 18, 2025 police report; the “[t]respassing and [d]amage to plant” complaint; a surveillance photo of the trespassing incident; and the Department’s “Person of Interest” photograph. Records in Existence; Possession, Custody, or Control The Department is advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, 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). Based on the Department’s response, and information provided in Mr. Lyon’s appeal petition, it is unclear whether the Department possesses the record responsive to this request. Specifically, it is unclear if the Department possesses the screenshot with the date and time stamp as requested by Mr. Lyons. The Department must clarify this matter.

Captain Jeffrey M. Rodley SPR25/3054 Page 3 October 23, 2025 Conclusion Accordingly, the Department is ordered to provide Mr. Lyons 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. Lyons may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Matthew Lyons