Aleksov, Kris v. University of Massachusetts - Boston (SPR 20260867)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 25, 2026 SPR26/0867 Matthew Fenlon Records Access Officer University of Massachusetts – Boston 100 Morrissey Boulevard Boston, MA 02125 Dear Mr. Fenlon: I have received the petition of Attorney Kristopher Khan Aleksov appealing the response of the University of Massachusetts Boston (University) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 2, 2026, Attorney Aleksov requested: [T]he following records for UMass Boston Police Officers [two named individuals]: [1] All field incident reports, civil citations, warnings, and traffic citations between the dates of 10/23/23 and 3/2/26. [2] Additionally, any records related to the arrest, incident reports, civil citations, warnings or traffic citations for my client, [a named individual]. The University responded on March 11, 2026. Unsatisfied with the University’s response, Attorney Aleksov petitioned this office, and this appeal, SPR26/0867, 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 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

Matthew Fenlon SPR26/0867 Page 2 March 25, 2026 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 the appeal petition, Attorney Aleksov contends that “the Public Records Law does not recognize a blanket ‘active litigation’ exemption,” and that “Criminal Discovery does not supersede the Public Records Law.” The University’s March 11th Response In its March 11, 2026 response, the University explains the following: [T]his email responds to your request for records related to the incident resulting in Commonwealth v. Mohamed Mansaray, which remains pending prosecution. As of the date of this response, the case has not been adjudicated and is actively being prosecuted by the District Attorney’s Office. Your request is hereby denied pursuant to 950 CMR 32.08(2), as the records you seek are the subject matter of a dispute in active litigation. Under these regulations, a records custodian is not required to release materials that are currently the subject of dispute in active court proceedings. If you choose to appeal this denial to the Supervisor of Public Records, the University will request that the appeal be denied on this basis. Additionally, because your client is a defendant in this matter, the proper mechanism for obtaining these and other related records is through Rule 14 of the Massachusetts Rules of Criminal Procedure, which governs criminal discovery. You may access these materials as legal counsel by engaging the prosecutor's office. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor:

Matthew Fenlon SPR26/0867 Page 3 March 25, 2026 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the docket of the trial court and verified that the requested records are the subject of active and ongoing litigation in Boston Municipal Court. See Commonwealth v. Mohamed Lamin Mansaray, Boston Municipal Court Docket No. 2507-CR- 002710 (Feb. 17, 2026). In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Kristopher Khan Aleksov, Esq.