Sharkey, Kyle v. Canton, Town of - Police Department (SPR 20260250)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2026 SPR26/0250 Patricia A. Sherrill Deputy Chief of Administration Canton Police Department 1492 Washington Street Canton, MA 02021 Dear Deputy Chief Sherrill: I have received the petition of Kyle Sharkey appealing the response of the Canton 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 2, 2026, Kyle Sharkey requested “a digital copy of the binder that was given to the Canton Select Board during the 12/30/25 meeting by [a named individual].” The Department responded on January 13, 2026. Unsatisfied with the Department’s response, Kyle Sharkey petitioned this office, and this appeal, SPR26/0250, 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

Deputy Chief Patricia A. Sherrill SPR26/0250 Page 2 February 9, 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 13th Response In its January 13, 2026 response, the Department states that “[it] does not have any public records in its possession, custody, or control responsive to your request for ‘a copy (digital or otherwise) of the binder that was given to the Canton Select Board during the 12/30/25 meeting by Charles Rae.’” In its response, the Department further states the following: Mr. Rae presented binders to members of the Select Board during the December 30, 2025, meeting. After the meeting, however, Mr. Rae came to the Select Board office and collected his binders. The Town did not create the binders and as stated in the Town’s response to your request, does not have copies of the binders in its possession, custody or control. Records in Existence; Possession, Custody, or Control Please be advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, 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). Current Appeal In his appeal petition, Kyle Sharkey argues the following: The Town’s response states that it has no records in its “possession, custody, or control” responsive to this request. However, the binder was physically distributed to Select Board members and the Town Administrator during a duly noticed public meeting and was used in connection with official Town business, namely the interview and evaluation of police chief candidates. Based on the Department’s response, and the information provided in Kyle Sharkey’s appeal, it is unclear whether the Department possesses records responsive to the request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and 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

Deputy Chief Patricia A. Sherrill SPR26/0250 Page 3 February 9, 2026 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 Kyle Sharkey 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. Kyle Sharkey may further 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: Kyle Sharkey