Balestracci, Lukas v. Chelsea, City of (SPR 20260833)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 11, 2026 SPR26/0833 Jessica C. Morales Records Access Officer City of Chelsea 500 Broadway Street City Hall, Room 307 Chelsea, MA 02150 Dear Ms. Morales: I have received the petition of Lukas Balestracci, of the Committee for Public Counsel Services, appealing the response of the City of Chelsea (City) 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 “[a]ll internal affairs reports pertaining to an ‘Officer S’ that are described in Paragraph 22 of the Civil Service Commission Decision Carlos Vega v. City of Chelsea: Case No. D- 23-019.” The City responded on January 8, 2026 and February 26, 2026. Unsatisfied with the City’s responses, Mr. Balestracci petitioned this office and this appeal, SPR26/0833, 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

Jessica C. Morales SPR26/0833 Page 2 March 11, 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 City’s January 8th and February 26th Responses On January 8, 2026, the City acknowledged receipt of Mr. Balestracci’s request and stated, “I am forwarding this to the internal affairs department.” On February 26, 2026, the City stated, “[t]he records are under review and we will have a response by Monday.” 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 City has not provided responsive records, nor cited an exemption for withholding records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the City 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 City must provide responsive records on a rolling basis. Conclusion Accordingly, the City 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

Jessica C. Morales SPR26/0833 Page 3 March 11, 2026 pre@sec.state.ma.us. Mr. Balestracci may further appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Lukas Balestracci