Valentino, Gianna v. Saugus, Town of - Fire Department (SPR 20260241)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 6, 2026 SPR26/0241 Captain Corey S. Rutledge Saugus Fire Department 298 Central Street Saugus, MA 01906 Dear Captain Rutledge: I have received the petition of Gianna Valentino appealing the response of the Saugus Fire 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 30, 2025, Ms. Valentino requested, “... firearm logs for Dec. 16, 2025.” The Department responded on January 7, 2026. Unsatisfied with the response, Ms. Valentino petitioned this office and this appeal, SPR26/0241, 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. 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. 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

Captain Corey S. Rutledge SPR26/0241 Page 2 February 6, 2026 Current Appeal In her appeal, Ms. Valentino asserts, “I believe that it’s over redacted and that the law does not support some of the redactions made.” Ms. Valentino also stated, [1] The Fire Dept redacted the name of the officer in charge, the names of the crew members, the name of the officer in charge, the name of the individual who completed the report, the name was the person that updated the report, and the signature block [sic]. [2] The fire department redacted the incident type and redacted the name of the department that was going to be investigating the incident. [3] The narrative section that’s redacted, needs to be addressed. The Fire Dept stated that they were redacting that section because it was medical in nature. The Department’s January 7th Response In its January 7, 2026 response the Department stated, “[a]ttached find a redacted incident report for the incident discussed on the phone and via email. The redactions were added to omit medically relevant information on this response, I am not able to release any medical information unless you can establish that you have right to this information.” Upon review, the Department’s response did not contain the specificity required in a denial of access to public records. Based on the Department’s response, it appears the Department has redacted certain information without providing an exemption to the Public Records Law. The Department must explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Ms. Valentino with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations 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. Valentino may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Captain Corey S. Rutledge SPR26/0241 Page 3 February 6, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Gianna Valentino