Fulton, Xiaoying v. Lexington, Town of - Police Department (SPR 20260110)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 27, 2026 SPR26/0110 Donna M. Dutton Administrative Assistant Lexington Police Department 1625 Massachusetts Avenue Lexington, MA 02420 Dear Ms. Dutton: I have received the petition of Xiaoying Fulton appealing the response of the Lexington 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 October 23, 2025, Ms. Fulton requested the following: [1] The complete 911 audio for June 6, 2025[;] [2] The complete EMS/ambulance dispatch audio for June 6, 2025[;] [3] The complete 911 or dispatch audio for May 10, 2025[;] [4] All CAD logs, call notes, timelines, and dispatch records for both incidents[;] [5] Any records identifying who placed the 911 calls[.] The Department provided a response on November 3, 2025 and November 7, 2025. Unsatisfied with the responses, Ms. Fulton petitioned this office and this appeal, SPR26/0110, 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). 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 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

Donna M. Dutton SPR26/0110 Page 2 January 27, 2026 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 3rd and November 7th Responses In its November 3, 2025 response, the Department stated, “[y]ou received a response for your initial request today November 3, 2025. I received you[r] request for another 911 call from [an identified individual], we are working on it ... and will get it out to you once it is located on our system. You are now requesting a report from May 10, 2025 that was also attached to the first email that you received today that was sent to you regarding [an identified individual] and your 28 year old [identified] son. You also received the first report from June 6, 2025 in the first email ... I have attached the log notes from the dates you are requesting. These are all the Police Reports/Log Notes we have for those dates and as soon as the other 911 calls are located, I will get them out to you.” In its November 7, 2025 response, the Department asserted, “[a]ttached are all the reports we have for the dates and people requested.” Current Appeal In her appeal, Ms. Fulton states, “...I have not received any of the requested audio. Instead the Lexington Police Department has issued conflicting explanations, refused written communications and failed to cite any lawful explanation.” Additional Records Based on Ms. Fulton’s claims, in conjunction with the Department’s responses, it is unclear if the Department possesses any additional records responsive to her 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether any additional responsive records exist. Conclusion Accordingly, the Department is ordered to provide Ms. Fulton with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this

Donna M. Dutton SPR26/0110 Page 3 January 27, 2026 office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Fulton 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: Xiaoying Fulton