Vicki Do v. Malden, City of - Police Department (SPR 20253792)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 6, 2025 SPR25/3792 Lieutenant Peter Mitchell Records Access Officer Malden Police Department 800 Eastern Avenue Malden, MA 02148 Dear Lieutenant Mitchell: I have received the petition of Vicki Do 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 December 10, 2025, Ms. Do requested, “any available security camera footage showing the passenger drop-off area of Malden Center Station on Wednesday, November 12, 2025, between approximately 7:00 a.m. and 7:30 a.m. The location is near coordinates (42.426663, -71.073603) – at the entrance to the drop-off area where vehicles turn left/right from Commercial Street, directly across from Rock Sport Climbing. The footage is requested to document a minor motor vehicle collision…” The Department provided a response on December 10, 2025. Unsatisfied with the Department’s response, Ms. Do petitioned this office and this appeal, SPR25/3792, was opened as a result. Status of the Requestor; Reason for the Request Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Do’s status shall have no bearing on the public status of any existing responsive records. 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 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 SPR25/3792 Page 2 January 6, 2025 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. 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 Department’s December 10th Response In its December 10, 2025 response, the Department stated, “[t]he Malden Police Department does not have access to video that is captured from these cameras. This area is monitored and patrolled by the MBTA Transit Police, and any further follow-up requests should be made to their attention.” Current Appeal In her December 23, 2025 petition to this office, Ms. Do stated, “[o]n December 10th, 2025, I spoke with a representative of the Department who informed me that CCTV cameras are located in the area near Malden Center Station and advised me to submit a public records request through the Department’s website to obtain any relevant footage…I was later informed that the Department does not have access to these cameras. Of note, I have also contacted the MBTA, and they indicated that they do not have cameras in that area either. This creates conflicting information regarding the existence and custodianship of any CCTV cameras near Malden Center Station. Given these discrepancies, I respectfully request a review of my appeal and clarification regarding whether any cameras in this area are accessible to the Department.” Based on Ms. Do’s petition and the Department’s response, it is unclear whether the Department possesses records responsive to Ms. Do’s request. 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). Consequently, the Department must clarify whether it possesses responsive records. Conclusion Accordingly, the Department is ordered to provide Ms. Do with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations

Lieutenant Peter Mitchell SPR25/3792 Page 3 January 6, 2025 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. Ms. Do 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: Vicki Do