Balestracci, Lukas v. Brockton, City of - Police Department (SPR 20260806)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 10, 2026 SPR26/0806 Victor Perez Records Access Officer Brockton Police Department 7 Commercial Street Brockton, MA 02302 Dear Mr. Perez: I have received the petition of Lukas Balestracci, of the Committee for Public Counsel Services, appealing the response of the Brockton 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 7, 2026, Mr. Balestracci requested “Internal Affairs Report No. 23-22-IA regarding [an identified officer], in addition to any supporting documentation associated with the investigation.” The Department responded on January 8, 2026, February 13, 2026, and February 26, 2026. Unsatisfied with the Department’s responses, Mr. Balestracci petitioned this office and this appeal, SPR26/0806, 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

Victor Perez SPR26/0806 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 January 8th, February 13th, and February 26th Responses On January 8, 2026, the Department stated, “[t]he above request has been received and forwarded to internal affairs.” On February 13, 2026, the Department stated, “[t]he Brockton Police Department Records Division will begin transitioning to our new location at the Public Safety facility,135 Warren Ave. During this move, we will make every effort to minimize disruptions to our services, however the processing of public records request may experience temporary delays as we set up operations in the new building.” On February 26, 2026, the Department stated, “[t]he above was forwarded to internal affairs.” Timeliness in Providing Records 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. Balestracci submitted his request on January 7th, and the Department has not provided responsive records, nor cited an exemption for withholding records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Department must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis.

Victor Perez SPR26/0806 Page 3 March 10, 2026 Conclusion Accordingly, the Department is ordered to provide Mr. Balestracci 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. Balestracci may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Lukas Balestracci