Cubetus, Jon v. Burlington, Town of - Police Department (SPR 20260400)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 11, 2026 SPR26/0400 Tim Kirchner Community Service Sergeant Burlington Police Department 45 Center Street Burlington, MA 01803 Dear Sergeant Kirchner: I have received the petition of Jon Cubetus, Esq., of National Lawyers Guild (NLG) Massachusetts Chapter, appealing the nonresponse of the Burlington 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 5, 2026, Attorney Cubetus requested the following records: [1] All communications between BPD and National Development or its representatives dated April 1, 2025 through the present; and [2] All communications between BPD and the Burlington Mall, Simon Property Group, or their representatives dated April 1, 2025 through the present[.] Claiming to not yet have received responsive records, Attorney Cubetus petitioned this office and this appeal, SPR26/0400, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Cubetus with a response to his 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. Attorney Cubetus may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Sergeant Tim Kirchner SPR26/0400 Page 2 February 11, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Jon Cubetus, Esq.