Maryna Pashchenko v. Revere, City of - Police Department (SPR 20253271)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2025 SPR25/3271 Captain Thomas J. Malone Records Access Officer Revere Police Department 400 Revere Beach Parkway Revere, MA 02151 Dear Captain Malone: I have received the petition of Maryna Pashchenko appealing the response of the Revere 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 September 14, 2025, Ms. Pashchenko requested the following: [1] A copy of the original audio recording of [two identified] 911 calls made on July 29, 2025, Dollar Tree Parking Incident, and August 18, 2025 Residence Incident (The audio file itself, not a transcript)[;] . . . [2] A written status update and a copy of the record of [an identified] citizen complaint filed under log entry 25-52401. Prior Appeal This request was the subject of a prior appeal. See SPR25/3115 Determination of the Supervisor of Records (November 4, 2025). In my November 4th determination, I found that the issues raised in SPR25/3115 had been previously addressed in SPR25/3072. See SPR25/3072 Determination of the Supervisor of Records (November 3, 2025). In my November 3rd determination, I found the Department must provide additional information in order to determine whether the Department had met its burden under G. L. c. 66, § 10(a)(ii). The Department responded on November 6, 2025. Unsatisfied with the Department’s response, Ms. Paschenko petitioned this office and this appeal, SPR25/3271, 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 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 Thomas J. Malone SPR25/3271 Page 2 November 20, 2025 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. 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 November 6th Response In its November 6, 2025 response, the Department stated that it is asking for clarification on other parts of the request that are the subject of another appeal. With regard to the requests noted in this appeal, it appears the Department did not address them. Current Appeal In her appeal, Ms. Pashchenko states, “[i]nstead of producing the required readable records, [the Department] issued a response requesting ‘clarifications,’ although all requests were already clearly defined and adjudicated in the Supervisor’s [November 3rd] decision.” Based on Ms. Pashckeno’s claims, in conjunction with the Department’s response, it is unclear if the Department possesses any records responsive to Items 1 and 2 of her request. 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). However, 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 Department must clarify whether the responsive records exist. Conclusion Accordingly, the Department is ordered to provide Ms. Pashchenko with a response to the request, provided in a manner consistent with this order, the Public Records Law, and it’s 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. Pashchenko may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Captain Thomas J. Malone SPR25/3271 Page 3 November 20, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Maryna Pashchenko