Fossa, Glenn v. Worcester, City of - Police Department (SPR 20260059)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 21, 2026 SPR26/0059 Michael Manning Records Access Officer Worcester Police Department 911 Lincoln Square Worcester, MA 01608 Dear Mr. Manning: I have received the petition of Glenn Fossa appealing the response of the Worcester 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. Fossa requested, “[a]ny and all incident reports, log entries and or investigative follow-up reports allowed on the matter of [an identified individual] of shooting believed to be drug related and unknown if solved. [An identified individual] is under review for Civil Docket number 25W0324 in the Probate and Family Trial Court Worcester Division.” The Department responded on December 10, 2025. Unsatisfied with the response, Mr. Fossa petitioned this office and this appeal, SPR26/0059, 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, Mr. Fossa’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 records” is broadly defined to include all documentary materials or data, regardless of physical 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

Michael Manning SPR26/0059 Page 2 January 21, 2026 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. See 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. See 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 cited Exemption (c) of the Public Records Law to withhold records in their entirety. See G. L. c. 4, § 7(26)(c). Current Appeal In his January 3, 2026 appeal to this office, Mr. Fossa objected to the Department withholding the responsive records under Exemption (c) and stated, “[t]he use of the information is to ensure the safety and security of a minor child currently in probate proceedings which [an identified individual] has custody and control during unsupervised visitation of a minor child The appellant affirms the requested information is relevant and material in the investigation forward in the process of Worcester & Family Court Civil Docket 25W0324.” 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. This office has reviewed the trial court’s docket and verified that the requested records are the subject of active and ongoing litigation in the Worcester County Probate and Family Court. See Matthew S. Laramie v. Chrystina M. Soloperto, (Docket No. WO25W0324WD) (December 30, 2025).

Michael Manning SPR26/0059 Page 3 January 21, 2026 In light of the active litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note 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: Glenn Fossa