Justin Parker v. Malden, City of - Police Department (SPR 20253493)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 10, 2025 SPR25/3493 Lieutenant Peter Mitchell Records Access Officer Administration and Operations Division Malden Police Department 800 Eastern Avenue Malden, MA 02148 Dear Lieutenant Mitchell: I have received the petition of Justin Parker appealing the response of the Malden 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 24, 2025, Mr. Parker requested the following: ... [R]elating to Incident #24004927 and all associated CAD activity . . . the complete CAD Legend Log, including: • call history • caller information • unit assignments • all dispatch entries • all entry timestamps (creation, modification, closure) • all narrative changes • all system user IDs associated with each entry • all supplemental CAD entries linked to the incident • any CAD entries that reference my name, my address, or the reporting party • all CAD activity dating from 11/2/2024 through the present This request is distinct from the previously provided incident reports. The CAD legend log contains the internal activity trail and system metadata that are not included in the narrative reports. The Department responded on November 24, 2025. Unsatisfied with the Department’s response, Mr. Parker petitioned this office, and this appeal, SPR25/3493, was opened as a result. Subsequent to the opening of this appeal, the Department provided a further response on November 25, 2025. 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 Peter Mitchell SPR25/3493 Page 2 December 10, 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. 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 24th and November 25th Responses In its November 24, 2025 response, the Department states the following: Documentation regarding for Malden Police Incident Report IC#24004927 has already been submitted to you, via e-mail, on July 7th, 2025, on July 8th, 2025, on October 6th, 2025 and again on November 10th, 2025. Your request states you are “not requesting any incident report, narratives, or materials that have already been provided”, but your request then states you are asking for information associated with “including – but not limited to” Incident #24004927. Current Appeal In his appeal petition, Mr. Parker contends that “[t]he Department has not produced — nor indicated whether it maintains — the existing CAD metadata and full CAD Legend Logs that are automatically generated by the CAD system.” 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

Lieutenant Peter Mitchell SPR25/3493 Page 3 December 10, 2025 knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In its November 25, 2025 response, the Department clarifies that “the there is no Computer Aided Dispatch (CAD) metadata.” The Department further explains that “throughout the past several months, Mr. Parker has requested, and has been supplied, with several CAD call records.” The Department also provides examples of the records previously provided to Mr. Parker, and explains that “the information that Mr. Parker has termed as a ‘CAD Legend Log,’ is within the requested CAD record.” The Department goes on to confirm that “this is the only existing format that CAD records are catalogued, stored, and maintained by the Malden Police Department.” Where the Department has confirmed that it does not possess additional responsive records, and the Department has no duty to create records, I find that the Department has met its burden in responding to this request under the Public Records Law. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Parker 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, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Justin Parker