Sharkey, Kyle v. Canton, Town of - Police Department (SPR 20260818)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 23, 2026 SPR26/0818 Patricia A. Sherrill Deputy Chief of Administration Canton Police Department 1492 Washington Street Canton, MA 02021 Dear Ms. Sherrill: I have received the petition of Kyle Sharkey appealing the response of the Canton 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 21, 2025, Mr. Sharkey requested, “ … all documentary material in relation to the resigning and/or transfer of [an identified individual] from the Canton Police Department to the Boston Police Department.” The Department responded on March 6, 2026. Unsatisfied with the response, Mr. Sharkey petitioned this office and this appeal, SPR26/0818, 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 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

Patricia A. Sherrill SPR26/0818 Page 2 March 23, 2026 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 his March 7, 2026 appeal, Mr. Sharkey asserts, “[a] Massachusetts police department claiming ‘no records’ exist for a departed officer often stems from poor record-keeping, attempts to hide misconduct, or misinterpretation of public record laws, which mandate retaining personnel and complaint files regardless of employment status. ‘The department’s assertion that no records exist is implausible given the officer’s tenure. Under Massachusetts law, personnel and disciplinary records are public, and the departure of an officer does not exempt these records from retention or disclosure’.” The Department’s March 6th Response In its March 6, 2026 response, the Department stated, “… the [Department] does not have any records responsive to your request in its possession, custody, or control.” Based on Mr. Sharkey’s claims, in conjunction with the Department’s response, it is unclear if the Department possesses any records responsive to his request. 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). However, 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). Consequently, the Department must clarify whether any responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Sharkey 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. Sharkey may 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: Kyle Sharkey