Concerned Parents v. Barnstable, Town of - Police Department (SPR 20253460)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 9, 2025 SPR25/3460 Danielle L. Paradis Records/Property Supervisor Barnstable Police Department 1200 Phinney’s Lane Hyannis, MA 02601 Dear Ms. Paradis: I have received the petition of Concerned Parents of MA (requestor) appealing the response of the Barnstable 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, the requestor sought: [A] Copy of and Barnstable PD (BPD) public records responsive to the [identified individual] case… your municipality agency handled, including copies of: [1] Police Reports [2] Evidence Catalogs (including with Massachusetts State Police (MSP), Cape and Island District Attorney Office (CIDAO), Barnstable Police Department (Barnstable PD), United States Department of Justice (DPJ) or Drug Enforcement Agency (DEA)) [3] Body Cam recordings (including with MSP, CIDAO, Barnstable PD, DOJ or DEA) [4] Search Warrants (SW) including SW Applications, SW Execution Reports, SW Case Reports, SW Returns (including with MSP, CIDAO, Barnstable PD, DOJ or DEA) Timeline January 1, 2018 – December 31, 2019… [B] Copy of any Organized Crime Drug Enforcement Task Forces (OCDETF) operation contract or policy with Barnstable PD and federal agencies including United States Department of Justice (DPJ) or Drug Enforcement Agency (DEA) regarding [an identified individual] case or other multi agency task forks [sic]… 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

Danielle Paradis SPR25/3460 Page 2 December 9, 2025 Timeline January 1, 2018 – December 31, 2019… The Department responded on October 29, 2025 and November 20, 2025. Unsatisfied with the Department’s responses, the requestor petitioned this office and this appeal, SPR25/3460, 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. 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 October 29th and November 20th Responses In its October 29, 2025 response, the Department stated that it required an additional 15 business days to respond to the request. In its November 20, 2025 response, the Department stated that it was withholding records responsive to Items 1, 2, and 4 of Request A pursuant to the Criminal Offender Record Information (CORI) Act as it operates through Exemption (a) of the Public Records Law. Regarding Request B and Item 3 of Request A, the Department stated that it has no responsive records. Current Appeal In the appeal petition, the requestor argued that the Department failed to conduct a diligent search and “illegally withheld all responsive records for request A 1-4 and B and refused to produce all responsive records that exist…”

Danielle Paradis SPR25/3460 Page 3 December 9, 2025 Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. Criminal Offender Record Information The current definition of CORI is as follows: “Criminal offender record information,” records and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to information recorded in criminal proceedings that are not dismissed before arraignment. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information. Criminal offender record information shall be limited to information concerning persons who have attained the age of 18 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 18; provided, however, that if a person

Danielle Paradis SPR25/3460 Page 4 December 9, 2025 under the age of 18 was adjudicated as an adult in superior court or adjudicated as an adult after transfer of a case from a juvenile session to another trial court department, information relating to such criminal offense shall be criminal offender record information. Criminal offender record information shall not include information concerning any offenses which are not punishable by incarceration. G. L. c. 6, § 167. Additionally, G. L. c. 6, § 172(m) provides in pertinent part: Notwithstanding this section or chapter 66A, the following shall be public records: (1) police daily logs, arrest registers, or other similar records compiled chronologically; (2) chronologically maintained court records of public judicial proceedings; (3) published records of public court or administrative proceedings, and of public judicial administrative or legislative proceedings; and (4) decisions of the parole board as provided in section 130 of chapter 127. G. L. c. 6, § 172(m). In its November 20, 2025 response, the Department stated: With regard to numbers 1, 2 and 4 of your request, please be advised that the Department intends to withhold copies of four police reports, which reference evidence, as well as one search warrant application in their entirety pursuant to exemption (a)… G. L. c. 6 sections 167 through 172 is the statute that protects that information from disclosure. G. L. c. 6, sections 167-172 protect the release of criminal offender record information… Based on the Department’s response, it is unclear how the responsive records fall within the definition of CORI. Specifically, it is not clear how all the records constitute “information recorded in criminal proceedings that are not dismissed before arraignment.” See G. L. c. 6, § 167. Further, it is unclear how portions of the records in question would not constitute the sort of “police daily logs, arrest registers, or other similar records compiled chronologically” described in G. L. c. 6, § 172(m). Additionally, it is unclear how the records can be withheld in their entirety. The Department must clarify whether segregable portions can be provided. 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). The Department must clarify these matters.

Danielle Paradis SPR25/3460 Page 5 December 9, 2025 Additional Records Further, based on the information provided in the appeal petition and the Department’s response, it is unclear if the Department possesses additional records responsive to the request. Specifically, the Department must clarify whether it possess any additional records responsive to Request B and Item 3 of Request A. 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide the requestor 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. The requestor may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Concerned Parents of MA