Nicole Poillucci v. Bourne, Town of - Police Department (SPR 20253676)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 29, 2025 SPR25/3676 Chief Brandon Esip Chief of Police Bourne Police Department 35 Armory Road Bourne, MA 02532 Dear Chief Esip: I have received the petition of Nicole Poillucci appealing the response of the Bourne 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 December 4, 2025, Ms. Poillucci requested the following: Any and all police reports, incident reports, supplemental reports, investigative notes, or other documents referenced or relied upon in the Certificate of Character determination for [an identified individual], specifically including records described as involving: alleged illegal drug use[,] alleged illegal possession of ammunition[,] alleged threatening text messages sent to another person[,] alleged attempt to commit a crime (to wit: B&E daytime for a felony) in Plymouth[.] Additionally, any document described by the Bourne Police Department as a [sic][.] The Department responded on December 12, 2025. Unsatisfied with the Department’s response, Ms. Poillucci petitioned this office and this appeal, SPR25/3676, 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). 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

Chief Brandon Esip SPR25/3676 Page 2 December 29, 2025 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 December 12th Response In its December 12, 2025 response, the Department provided responsive records and cited Exemption (c) of the Public Records Law to redact a record. See G. L. c. 4, § 7(26)(c). The Department stated the following: This response provides all records that are within the possession of the Bourne Police Department that are responsive to your specific request. Bourne Police Department Records 1. Certificate of Character Response dated 09/15/2025. No Redactions 2. Bourne Police Department Report #11-343-OF a. Exemptions Include: Personal Identifying Information such as Driver’s License and Social Security number. Release of this information is exempt from disclosure under Clause C (Privacy), as these matters contained personnel, medical, or other information that would constitute an unwarranted invasion of personal privacy. 3. Bourne Police Department Call #11-4103. No Redactions. Records Likely in the Possession of Other Agencies 1. Plymouth Police Department: a. Plymouth Report #201200000175 related to an incident at … Hedges Pond Rd. Please contact the Plymouth Police Department to obtain a copy of this police report. b. Plymouth Report #2011000026195 related to an incident involving [an identified individual]. Please contact the Plymouth Police Department to obtain a copy of this police report. 2. Brewster Police Department a. Brewster Police Report 11-1895-OF. Please contact the Brewster Police Department for a copy of this police report. 3. Mashpee Police Department a. Mashpee Police Report #11-95-OF. Please contact the Mashpee Police Department for a copy of this police report.

Chief Brandon Esip SPR25/3676 Page 3 December 29, 2025 Current Appeal In her appeal petition, Ms. Poillucci contends, “…the department disclosed police incident reports from 2011 that were relied upon in denying [an identified individual’s] Certificate of Character for a Massachusetts hawker/peddler license. [An identified individual’s] criminal record was sealed at the time of the request and disclosure. I am requesting review of whether the disclosed records should have been withheld or redacted under applicable exemptions, and whether the response complied with the Massachusetts Public Records Law.” Upon review of the appeal petition, it appears Ms. Poillucci objects only to the fact that certain records were provided to her, and not to the Department’s claims for redacting a record under Exemption (c). In light of the above, and where the Department provided records responsive to Ms. Poillucci’s request, I find that the basis of her appeal is unclear. Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A (a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Poillucci in her appeal petition, I am unable to issue a determination at this time. Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Nicole Poillucci