David Chritson v. Somerville, City of - City Solicitor (SPR 20253370)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 1, 2025 SPR25/3370 Meredith Stivers, Esq. City of Somerville Assistant City Solicitor 93 Highland Avenue Somerville, MA 02143 Dear Attorney Stivers: I have received the petition of David Chritson appealing the response of the City of Somerville (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 9, 2025, Mr. Chritson requested: [A]ll existing records associated with the investigations and cases of the Somerville Department of Racial and Social Justice (“RSJ”) that involve [an identified individual]—including records in physical, electronic, or any other format—from August 5, 2022 to December 31, 2022, that are in the possession, custody, or control of RSJ, SPD, and/or the City. Prior Appeal The requested records were the subject of a prior appeal. See SPR25/3108 Determination of the Supervisor of Records (October 31, 2025). In my October 31st determination, I closed SPR25/3108 in light of the City’s intention to provide a response within the allowed statutory timeframe. Subsequently, the City responded on November 14, 2025. Unsatisfied with the City’s response, Mr. Chritson petitioned this office and this appeal, SPR25/3370, 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 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

Meredith Stivers, Esq. SPR25/3370 Page 2 December 1, 2025 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 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 City’s November 14th Response In its November 14, 2025 response, the City provided a link to responsive records and stated, “[t]his completes the City of Somerville’s response to your request.” Current Appeal In his appeal petition, Mr. Chritson contends, “… the City withheld and failed to disclose the existence of additional responsive records…. Furthermore, City personnel also unlawfully withheld public records identified in the emails attached hereto including documents titled ‘David Chritson Complaint’ . . . and ‘8-25-22 Correspondence with SPD (004) DC.pdf’ . . . — among other records.” No Duty to Create Records Please be 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). On November 18, 2025, in a conversation between the City and an attorney of the Public Records Division, the City confirmed that it does not possess additional responsive records. The City confirmed that no responsive records were missing from the City’s response.

Meredith Stivers, Esq. SPR25/3370 Page 3 December 1, 2025 Conclusion Where the City has confirmed it does not possess additional records responsive to Mr Chritson’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Chritson is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: David Chritson