Isaiah Burnett Sr. v. Gardner, City of- Police Department (SPR 20253713)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 31, 2025 SPR25/3713 Deputy Chief Nick Maroni Records Access Officer Gardner Police Department 200 Main Street Gardner, MA 01449 Dear Deputy Chief Maroni: I have received the petition of Isaiah Burnett Sr., appealing the response of the Gardner 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 11, 2025, Mr. Burnett requested, “…copies of the incident report and any related criminal complaint associated with the following incident number: 25GAR-2310-0F.” On December 16, 2025, the Department provided a response. Unsatisfied with the response, Mr. Burnett petitioned this office and this appeal, SPR25/3713, was opened as a result. On December 18, 2025, subsequent to the opening of this appeal, the Department provided a supplemental response to this office. 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. 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

Deputy Chief Nick Maroni SPR25/3713 Page 2 December 31, 2025 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. Current Appeal In his appeal petition, Mr. Burnett contends, “[t]his denial is unlawful for the following reasons: 1. Improper Reliance on “Active Litigation”…[;] 2. Misapplication of Exemption (f)…[;] 3. Overbroad Use of Exemption (c)…[;] 4. Failure to Certify Existence or Destruction of Records…” The Department’s December 16th Response In its December 16, 2025 response, the Department withheld responsive records, citing Exemptions (c) and (f) of the Public Records Law and asserting, “[t]he requested records relate directly to the subject of ongoing criminal litigation.” G. L. c. 4, § 7 (26)(c), (f). 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. On December 18, 2025, the Department provided the docket number of the pending litigation. This office has reviewed the trial court’s docket and verified that the criminal litigation, relating to the records that are the subject of Mr. Burnett’s appeal, is active and ongoing in Gardner District Court. See Commonwealth v. Isaiah Ta Burnett, Sr., (Gardner District Court Docket No. 2563CR000824) (December 10, 2025). In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted 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: Isaiah Burnett, Sr.