Rios, Simon v. Lynn, City of - Police Department (SPR 20260530)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 27, 2026 SPR26/0530 Lieutenant Robert Avery Lynn Police Department 300 Washington Street Lynn, MA 01902 Dear Lieutenant Avery: I have received the petition of Simon Rios, of WBUR, appealing the response of the Lynn 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 29, 2026, Mr. Rios requested, “… any and all phone call logs, audio and/or video recordings, email correspondence, text messages, or chat logs related to the Lynn Police Department’s communications or coordination with Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), or the Department of Homeland Security (DHS), for the period beginning January 1, 2025 through the date this request is processed.” The Department provided a response on February 3, 2026. Unsatisfied with the response, Mr. Rios petitioned this office and this appeal, SPR26/0530, 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

Lieutenant Robert Avery SPR26/0530 Page 2 February 27, 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 February 3rd Response In its February 3, 2026 response, the Department stated, “[p]lease follow up with Chiefs [identified] Assistant your conversation with [identified] Lt. [and] ‘Request closed: All records have been released, and your request has been fulfilled.” Current Appeal In his appeal, Mr. Rios states, “… no records were provided in response to my request, nor any explanation of why nothing was provided.” Records in Existence 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Based on Mr. Rios’ appeal and the Office’s response, it is unclear whether the Department possesses records responsive to Mr. Rios’ request. The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Rios 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. Rios may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Lieutenant Robert Avery SPR26/0530 Page 3 February 27, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Simon Rios