Fitzpatrick, Sue v. Belchertown, Town of - Police Department (SPR 20260854)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 20, 2026 SPR26/0854 David Squires Records Access Officer Belchertown Police Department 70 State Street Belchertown, MA 01007 Dear Mr. Squires: I have received the petition of Sue Fitzpatrick appealing the response of the Belchertown 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 23, 2026, Ms. Fitzpatrick requested: [1] Any dispatch logs, police reports, and body worn camera footage from all officers involved related to [an identified individual], or . . . N Main St, Belchertown, MA 01007, on February 4th, 2026. [2] Any dispatch logs, police reports, and body worn camera footage from all officers involved for police responses to Belchertown Town Hall and the Belchertown Post Office on February 9, 2026, regarding disturbances. [3] A list of all calls, complaints, or in station requests involving [an identified individual], or . . . N Main St, Belchertown, MA 01007, from January 1, 2025, to present, including the reason for service. I’m also requesting the same for Masa Mexicano at 9 N Main St, or [an identified individual]. On March 1, 2026, Ms. Fitzpatrick modified her request, clarifying, “[i]n regards to the body worn camera recording on February 4th. I’m fine with 1 officer’s recording, so as to save you time fulfilling the request within the 10 days. In regards to the dispatch logs for the 4th, and the 9th, I would like the dispatch audio of the calls.” The Department responded to Ms. Fitzpatrick’s February 23rd request on February 27, 2026. Unsatisfied with the response, Ms. Fitzpatrick petitioned this office and this appeal, SPR26/0854, was opened as a result. 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

David Squires SPR26/0854 Page 2 March 20, 2026 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. Current Appeal In her appeal petition, Ms. Fitzpatrick contends: The request was submitted ten (10) business days ago. Five days after the request was sent, I received a response stating that the department was consulting with your office and working on the request. However, that response did not provide an estimated date for fulfillment, nor did it request an extension of time as required under Massachusetts public records law. . . . Despite this attempt to narrow the request, and the passage of the statutory ten business day response period, the request has not been fulfilled and no formal extension has been requested. The Department’s February 27th Response In its response on February 27, 2026, the Department stated, “I have been in contact with the Secretary of State’s Office concerning your request and I’m waiting to hear back from them. I wanted to acknowledge receipt of the request and to let you know that I’m working on it.” 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

David Squires SPR26/0854 Page 3 March 20, 2026 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 Ms. Fitzpatrick modified her request on March 1, 2026, it is unclear why the Department has not provided the responsive 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). 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); see also 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. Conclusion Accordingly, the Department is ordered to provide Ms. Fitzpatrick 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. Fitzpatrick may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Sue Fitzpatrick