Escalante, Tabitha v. Winthrop, Town of - Police Department (SPR 20260664)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 4, 2026 SPR26/0664 John Goodwin Chief Winthrop Police Department 3 Metcalf Square Winthrop, MA 02152 Dear Chief Goodwin: I have received the petition of Tabitha Escalante, of Harvard Defenders, appealing the response of the Winthrop 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 February 7, 2026, Ms. Escalante requested “recordings of calls routed through the Metro North Regional Emergency Communications Center. The dates, times, call numbers, call sources, and call takers are listed below:” …11/21/2025 - Friday [1] Call Number: 25-65165 / Call Source: Radio [a] Time: 2144 / Call Taker: [an identified individual] [b] Time: 2150 / Call Taker: [an identified individual] [c] Time: 2200 / Call Taker: [an identified individual] [d] Time: 2200 / Call Taker: [an identified individual] [e] Time: 2202 / Call Taker: [an identified individual] [f] Time: 2209 / Call Taker: [an identified individual] [g] Time: 2217 / Call Taker: [an identified individual] [h] Time: 2221 / Call Taker: [an identified individual] [2] Call Number: 25-6177 / Call Source: Radio [a] Time: 2308 / Call Taker: [an identified individual] [b] Time: 2313 / Call Taker: [an identified individual] [3] Call Number: 25-65156 / Call Source: 911 [a] Time: 2019 / Call Taker: [an identified individual] [b] Time: 2020 / Call Taker: [an identified individual] [c] Time: 2021 / Call Taker: [an identified individual] [d] Time: 2033 / Call Taker: [an identified individual] 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

John Goodwin SPR26/0664 Page 2 March 4, 2026 [e] Time: 2037 / Call Taker: [an identified individual] For Date: 11/22/2025 - Saturday [4] Time: 0952 / Call Taker: [an identified individual] For Date: 11/25/2025 - Tuesday [5] Call Number: 25-65880 / Call Source: Telephone [a] Time: 1839 / Call Taker: [an identified individual] [b] Time: 1841 / Call Taker: [an identified individual] [c] Time: 1901 / Call Taker: [an identified individual] [6] Call Number: 25-65873 / Call Source: Telephone [a] Time: 1739 / Call Taker: [an identified individual] [b] Time: 1744 / Call Taker, [an identified individual] The Department responded on February 24, 2026, and assigned reference number 26-81 to this request. Unsatisfied with the Department’s response, Ms. Escalante petitioned this office and this appeal, SPR26/0664, 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 custodian must provide the responsive records. The Department’s February 24th Response On February 24, 2026, the Department released some records responsive to Items 1b and 1f of Ms. Escalante’s request.

John Goodwin SPR26/0664 Page 3 March 4, 2026 Current Appeal In her appeal petition, Ms. Escalante contends: …There were 6 additional files provided in a folder titled 25-65165. They are all titled with timestamps different than those listed below. Given that the call takers were not the individuals speaking on the phone, it is impossible to decipher whether the provided calls were responsive to this request. … 3 files were provided in a folder marked 25-65156. They are all titled with timestamps different than those listed below. It is impossible to decipher whether the provided calls were responsive to this request. … No phone calls associated with [three call numbers] were provided. Additional Records 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 issues raised in Ms. Escalante’s appeal, it is unclear whether the Department possesses additional responsive records. Specifically, the Department must clarify whether it possesses additional records responsive to Ms. Escalante’s request. To the extent that additional records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Ms. Escalante 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. Ms. Escalante may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

John Goodwin SPR26/0664 Page 4 March 4, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Tabitha Escalante