Valentino, Gianna v. Saugus, Town of - Police Department (SPR 20260958)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 27, 2026 SPR26/0958 Alisa McCarthy Records Access Officer Saugus Police Department 27 Hamilton Street Saugus, MA 01906 Dear Ms. McCarthy: I have received the petition of Gianna Valentino appealing the response of the Saugus 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 March 5, 2026, Ms. Valentino requested “[a]ll emails between police officer employees regarding the death of [an identified individual] on December 16. the date of the collection would start on December 16 and would end today. this would be emails generated by police employees, irregardless of the recipient. This would also include emails, sent to police employees from any individual. [sic]” The Department responded on March 16, 2026, and assigned reference number 2026- 0178 to this request. Unsatisfied with the Department’s response, Ms. Valentino petitioned this office and this appeal, SPR26/0958, 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 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

Alisa McCarthy SPR26/0958 Page 2 March 27, 2026 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 March 16th Response On March 16, 2026, the Department provided some responsive records with one redaction. Current Appeal In her appeal petition, Ms. Valentino contends, “[i]n one of the documents [the Department] redacted a word. She did not provide the legal rationale for the redaction. I am appealing her response.” Burden of specificity Under the Public Records Law, the burden shall be upon the custodian to prove with specificity the exemption which applies. G. L. c. 66, § 10(b)(iv); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. The Department did not meet its burden of demonstrating how the redacted information is exempt from disclosure under the Public Records Law. Based on the Department’s response, it is unclear what exemption under the Public Records Law the Department is claiming to redact the requested records. It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold or redact a requested record. G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding is based…”); 950 C.M.R. 32.06(3). Consequently, I find the Department must identify an exemption and explain with specificity how the exemption applies to redact the records. G. L. c. 66, § 10(b). Conclusion Accordingly, the Department is ordered to provide Ms. Valentino 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. Valentino may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Alisa McCarthy SPR26/0958 Page 3 March 27, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Gianna Valentino