Burden, George and Jen v. Massachusetts Peace Officer Standards and Training Commission (SPR 20260513)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 24, 2026 SPR26/0513 Kerri Johnson Records Access Officer Peace Officer Standards & Training Commission 100 Cambridge Street Boston, MA 02114 Dear Ms. Johnson: I have received the petition of Mr. and Ms. Burden appealing the response of the Peace Officer Standards & Training Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 8, 2025, Mr. and Ms. Burden requested: …copies of any and all records created by the POST Commission concerning: [1] [An identified individual] [2] The Village at Flat Hill [3] The Burden family [4] Any matters involving Lunenburg This request covers all records generated since the inception of the POST Commission. On February 3, 2026, Mr. and Ms. Burden clarified their request: … Our request is not for copies of documents that we previously submitted to POST or materials that POST merely stores. We are not asking for our own documents to be returned to us. Instead, our request is limited to records that were created, generated, or authored by POST itself in connection with the matters identified in our request. This includes only documents, communications, notes, determinations, or internal records that POST produced as part of its own processes. . . . The Commission responded to Mr. and Ms. Burden’s initial request on December 22, 2025, and provided a fee estimate. The Commission responded to the modified request on 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

Kerri Johnson SPR26/0513 Page 2 February 24, 2026 February 3, 2026 and February 11, 2026. Unsatisfied with the February 3rd and February 11th responses, Mr. and Ms. Burden petitioned this office and this appeal, SPR26/0513, was opened as a result. Subsequent to the opening of this appeal, on February 13, 2026, the Commission provided a supplemental response. 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. Current Appeal In their appeal petition, on February 10, 2026, Mr. and Ms. Burden contend, “[p]lease open an appeal due to the POST Commission not providing the requested records.” On February 12, 2026, Mr. and Ms. Burden further clarified their appeal: We need to correct the record immediately. At no point did we agree to withdraw our appeal or any request pending before the Supervisor of Records. What we agreed to was your notifying the Supervisor that we were actively working with you to fulfill the request. You never mentioned withdrawal, and we certainly did not consent to it. This request has gone on far too long, and we are deeply dissatisfied with what has occurred. We will not accept any further games or mischaracterizations, and we will not have “tricky” played on us in any form. We do not understand why you continue to misstate our position— calling us and indicating you will do the appropriate thing, and then later providing an inaccurate account of what we agreed to. …

Kerri Johnson SPR26/0513 Page 3 February 24, 2026 The Commission’s Responses In its December 22, 2025 response to Mr. and Ms. Burden’s December 8, 2025 request, the Commission provided a fee estimate. In its February 3, 2026 response to Mr. and Ms. Burden’s modified request, the Commission stated, “[w]e are looking into your clarification and will follow up with you soon.” On February 11, 2026, the Commission responded, “[w]e are working with the requestor to address this public records request. Based on our conversation, the requestor, who is copied on this email, has agreed to withdraw the request to the Supervisor of Records.” Timeliness in Providing Records Subsequent to the opening of this appeal, on February 13, 2026, the Commission responded, “[t]he Commission is working on your request, and anticipates that it will send you a response by February 26, 2026 (10 business days after the clarification you provided on February 11, 2026).” Unsatisfied with this response, on February 14, 2026, Mr. and Ms. Burden contend: Not really seeing this as working together to get the documents we require, but rather as another attempt to trick us or delay us further from obtaining the records we have requested. We clarified this request with [an identified individual] last summer, and all of the information you are now presenting was already known and already addressed in our follow up emails. … G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: 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. G. L. c. 66, § 10(b)(vi). Where Mr. and Ms. Burden submitted their modified request on February 3, 2026, it is unclear why the Commission has not provided the responsive records. The duty to comply with

Kerri Johnson SPR26/0513 Page 4 February 24, 2026 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). 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); see also G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Commission must provide responsive records on a rolling basis. Conclusion Accordingly, the Commission is ordered to provide Mr. and Ms. Burden 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. Mr. and Ms. Burden may appeal the substantive nature of the Commission’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: George and Jen Burden