Erica Jorgensen v. Everett, City of - Police Department (SPR 20253060)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 31, 2025 SPR25/3060 Colleen Mejia, Esq. City Solicitor City of Everett 45 Elm Street Everett, MA 02149 Dear Attorney Mejia: I have received the petition of Erica Jorgensen, of Boston25 – WFXT, Cox Media Group, appealing the response of the Everett 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 17, 2025, Ms. Jorgensen requested, “...the police report and any corresponding incident report for the Everett 13-year old that was arrested on October 9th and later taken into ICE custody.” The Department responded on October 20, 2025. Unsatisfied with the response, Ms. Jorgensen petitioned this office and this appeal, SPR25/3060, 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 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. 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

Colleen Mejia, Esq. SPR25/3060 Page 2 October 31, 2025 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 her appeal, Ms. Jorgensen asserts, “I am writing to appeal the denial of my public records request to Everett Police. I am requesting a police report in connection with the arrest of a teenager ... I understand if the police report/incident report was redacted. I don’t need names, addresses, pictures of the youth offender. I’m just looking for the details of the narrative.” The Department’s October 20th Response In its October 20, 2025 response, the Department cited Exemption (a) of the Public Records Law and specifically, G.L. c. 119, § 60A to withhold the requested records. G. L. c. 119, § 60A provides in relevant part: The records of a youthful offender proceeding conducted pursuant to an indictment shall be open to public inspection in the same manner and to the same extent as adult criminal court records. All other records of the court in cases of delinquency arising under sections fifty-two to fifty-nine, inclusive, shall be withheld from public inspection except with the consent of a justice of such court; provided, however, that such records shall be open, at all reasonable times, to inspection by the child proceeded against, his parents, guardian or attorney; provided further, that nothing herein shall be construed to provide access to privileged or confidential communications and information; and provided further, that said protections shall be construed to include information and communications entered at the indictment. G. L. c. 119, § 60A. Based on the Department’s response, it is unclear how the statute cited above permits the Department to withhold the responsive records from disclosure. Please be advised that for Exemption (a) to apply, a statute must either expressly state that the withheld record is not subject to disclosure under the Public Records Law, or limit dissemination of said information to a defined group or individuals or entities. Consequently, it is unclear how G. L. c. 119, § 60A specifically or by necessary implication, permits the Department to withhold the requested records from disclosure. See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non- exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a).

Colleen Mejia, Esq. SPR25/3060 Page 3 October 31, 2025 Conclusion Accordingly, the Department is ordered to provide Ms. Jorgensen with a response, 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. Ms. Jorgensen may appeal the substantive nature of the Department’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Erica Jorgensen