Lougee, Alden v. Provincetown, Town of- Police Department (SPR 20260319)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 13, 2026 SPR26/0319 Barbara Peters Records Clerk Provincetown Police Department 2 Jerome Smith Road Provincetown, MA 02657 Dear Ms. Peters: I have received the petition of Alden Lougee appealing the response of the Provincetown 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 21, 2026, Mr. Lougee submitted a request for records to the Department. The Department responded on January 23, 2026. Unsatisfied with the Department’s response, Mr. Lougee petitioned this office, and this appeal, SPR26/0319, 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 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

Barbara Peters SPR26/0319 Page 2 February 13, 2026 custodian must provide the responsive records. Current Appeal In his appeal petition, Mr. Lougee states that “I submit this appeal of the Provincetown Police Department’s January 23, 2026 response to my public records request.” Additionally, he labels the subject of his appeal as “Appeal of Provincetown Police Department Response dated January 23, 2026 (records request dated January 21, 2026).” The appeal petition contends that “the Department has previously provided video files that are stripped of metadata.” Mr. Lougee also contends that he was provided videos that were improperly redacted, and that records were not provided in the requested format. With his appeal petition, Mr. Lougee provided to this office an original request dated September 27, 2025, seeking records relating to incidents in May 2025, and incidents on July 10, July 13, July 20, and August 28, 2025. The Department’s January 23, 2026 response consists of a fee estimate. Further, the January 23rd response refers to a January 21, 2026 request, seeking records relating to incidents on May 12, July 10, July 20, and December 30, 2025. Conclusion Upon a thorough review of the documents provided to this office by Mr. Lougee, it is unclear if a copy of the original request, referenced in the appeal as being received by the Department on January 21, 2026, was provided to this office. See 950 C.M.R. 32.08(1)(f) (requesters shall provide to the Supervisor complete copies of all correspondence associated with the petition). Accordingly, I am unable to opine on this appeal at this time. If unresolved issues remain, Mr. Lougee may file a new appeal with this office with the necessary documents. Sincerely, Manza Arthur Supervisor of Records cc: Alden Lougee