Chester, James v. Lynn, City of - Police Department (SPR 20260801)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 10, 2026 SPR26/0801 Lieutenant Robert Avery Records Access Officer Lynn Police Department 300 Washington Street Lynn, MA 01902 Dear Lt. Robert Avery: I have received the petition of James Chester 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 February 16, 2026, Mr. Chester requested “any and all records maintained by the Lynn Police Department that pertain to me[.]” The Department responded on February 26, 2026, and assigned reference number 26-507 to this request. Unsatisfied with the Department’s response, Mr. Chester petitioned this office and this appeal, SPR26/0801, 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 SPR26/0801 Page 2 March 10, 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 26th Response On February 26, 2026, the Department produced some responsive records. Current Appeal In his appeal petition, Mr. Chester contends, “[o]n November 8–18, 2023, I exchanged emails with [an identified individual] to arrange and follow up on a meeting at Lynn Police Headquarters on November 9, 2023. … The email chain and any records of the meeting were not included in the FOIA production[.]” 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 Mr. Chester’s appeal, it is unclear whether the Department possesses additional responsive records. Specifically, the Department must clarify whether it possesses “emails with [an identified individual] to arrange and follow up on a meeting at Lynn Police Headquarters on November 9, 2023.” 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 Mr. Chester 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. Chester may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Lieutenant Robert Avery SPR26/0801 Page 3 March 10, 2026 Sincerely, Manza Arthur Supervisor of Records cc: James Chester