Provencher, Rebecca-Jean v. Stow, Town of - Police Department (SPR 20260882)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 24, 2026 SPR26/0882 Chief Michael Sallese Chief of Police Stow Police Department 305 Great Road Stow, MA 01775 Dear Chief Sallese: I have received the petition of Rebecca-Jean Provencher appealing the response of the Stow 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 December 7, 2025, Ms. Provencher requested the following: [1] The NCIC/LEAPS TAC audit report showing the date, time, user ID, terminal ID, and ORI activity for any NCIC or LEAPS entries, modifications, cancellations, or inquiries related to the following vehicles: [a] 2003 Custom Chopper . . . [b] 2018 Harley-Davidson . . . [c] 2005 Ironhorse Legend . . . [2] Any and all NCIC/LEAPS entry records, inquiry records, modification history, cancellation history, and related transaction logs for the vehicles listed above[;] [3] The NIC numbers associated with any NCIC entries for these vehicles. If no NIC numbers were assigned, please confirm this in writing[;] [4] Any reports, notes, correspondence, emails, incident reports, supplemental reports, or communications relating to the entry, non-entry, or attempted entry of these vehicles into NCIC/LEAPS[;] [5] Any communication between Stow PD and any outside agency, including CJIS, related to the NCIC entry or refusal/decision not to enter these vehicles. Previous Appeal This request was the subject of a previous appeal. See SPR26/0284 Determination of the Supervisor of Records (February 20, 2026). In my February 20th determination, I ordered the Department to clarify what records responsive to Items 4 and 5 were being withheld from 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

Chief Michael Sallese SPR26/0882 Page 2 March 24, 2026 disclosure. The Department responded on February 26, 2026. Unsatisfied with the response, Ms. Provencher petitioned this office and this appeal, SPR26/0882, 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 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 February 26th Response In its February 26, 2026 response, the Department stated “[p]lease be advised that after further diligent search, the Police Department does not have any additional records responsive to Items 4 and 5.” Current Appeal In her appeal to this office, Ms. Provencher stated, “I am writing to report that the Stow Police Department has failed to comply with your determination ordering the production of records responsive to my public records request…” In a March 16, 2026 telephone call between the Department and this office, the Department confirmed that it has no records responsive to Items 4 and 5. No Duty to Create Records Please be advised, under the Public Records Law, a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for

Chief Michael Sallese SPR26/0882 Page 3 March 24, 2026 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). Conclusion Given that the Department has confirmed that it does not possess any records responsive to Items 4 and 5 of Ms. Provencher’s request and this office has no authority to compel the Department to create records, I will now consider this administrative appeal closed. If Ms. Provencher is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Rebecca-Jean Provencher