Valentino, Gianna v. Saugus, Town of - Police Department (SPR 20260208)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2026 SPR26/0208 Chief Michael Ricciardelli Records Access Officer Saugus Police Department 27 Hamilton Street Saugus, MA 01906 Dear Chief Ricciardelli: I have received the petition of Gianna Valentino appealing the response of the Saugus 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 January 7, 2026, Ms. Valentino requested “all audio relating to the incident in the attachment below … the incident occurred at [an identified location] around 2 PM on December 16.” The Department responded on January 16, 2026, and assigned reference number 2026- 0026 to this request. Unsatisfied with the Department’s response, Ms. Valentino petitioned this office and this appeal, SPR26/0208, 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 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

Chief Michael Ricciardelli SPR26/0208 Page 2 February 3, 2026 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 January 16th Response On January 16, 2026, the Department stated, “[y]our Response due date has been extended from 01/22/2026 to02/06/2026[.] [sic]” Current Appeal In her appeal petition, Ms. Valentino contends, “the [Department] has violated my rights and the law by not responding to my request within the statutory timeframe and by attempting to extend the due date with a notification email that provided no legal justification for that extension.” Where the Department indicated in its January 16th response that it intends to provide a response within the allowed statutory timeframe, I find that the basis of Ms. Valentino’s appeal is unclear. See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein). 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. Valentino, I am unable to issue a determination at this time. If issues remain once Ms. Valentino receives the response, or if the Department fails to provide a response within the statutory timeframe, Ms. Valentino may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Gianna Valentino