Johnathan Gagnon v. Newburyport, City of - Police Department (SPR 20253278)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2025 SPR25/3278 Lieutenant Richard Siemasko, Esq. Senior Lieutenant Newburyport Police Department 4 Green Street Newburyport, MA 01950 Dear Lieutenant Siemasko: I have received the petition of Jonathan Gagnon appealing the response of the Newburyport 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 November 2, 2025, Mr. Gagnon requested the following: all call logs, reports, and audio recordings related to the initial calls and any subsequent interactions associated with my case that has been filed in the Northeast Housing Court. This includes, but is not limited to, 911 or dispatch recordings, officer body camera audio or video (no video of the tenant in her home is necessary but all audio is), and any documentation of communication that references police involvement. This includes any communications between your department, the tenant…and the management office… The Department responded on November 6, 2025. Unsatisfied with the response, Mr. Gagnon petitioned this office and this appeal, SPR25/3278, was opened as a result. Status of the Requestor; Reason for the Request Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Gagnon’s status shall have no bearing on the public status of any existing responsive records. 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

Lieutenant Richard Siemasko, Esq. SPR25/3278 Page 2 November 20, 2025 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. See 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. See 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 provided “all the logs entries” and referenced a June 16, 2025 response to a similar request made by Mr. Gagnon to deny the “request for body cam video and audio.” On June 16, 2025, the Department cited Exemption (c) of the Public Records Law to withhold body camera footage in its entirety. G. L. c. 4, § 7(26)(c). Current Appeal In his November 6, 2025 appeal to this office, Mr. Gagnon objected to the Department withholding the records responsive under Exemption (c) and stated, “I believe this denial is incorrect and that the requested records are indeed public and accessible under the Massachusetts Public Records Law.” Mr. Gagnon goes on to argue the following: While I understand the concerns raised regarding privacy, particularly with occupants in their private residence, I have limited my request to audio only and explicitly excluded/blur video footage to minimize privacy intrusions. The public interest in transparency, accountability, and a fair resolution of pending legal proceedings substantially outweighs any privacy concerns in this circumstance. Furthermore, Massachusetts Public Records Law requires balancing privacy rights against public and litigant rights to access records relevant to pending legal

Lieutenant Richard Siemasko, Esq. SPR25/3278 Page 3 November 20, 2025 or administrative matters. These recordings are necessary for the preparation and presentation of my case and are thus subject to disclosure under established legal precedents and the public’s right to informed court proceedings. 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 requested records are the subject of active and ongoing litigation in the Northeast Division Housing Court. See Jon Gagnon v. Three Boston Way, LLC, (Docket No. 25H77-CV-000334) (November 18, 2025). In light of the active litigation, I decline to opine on the 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: Jonathan Gagnon