Fratto, Kara v. Burlington, Town of - Police Department (SPR 20261064)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2026 SPR26/1064 Jennifer Priest Town Clerk Town of Burlington 29 Center Street Burlington, MA 01803 Dear Ms. Priest: I have received the petition of Attorney Kara Fratto appealing the response of the Burlington 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 10, 2026, Attorney Fratto requested the following: 1. Location and police cruiser terminal data from 8/29/24 from 17:00:00 to 19:00:00 for: [a list of named individuals] 2. Location and police cruiser terminal data from 8/29/24 from 17:00:00 to 19:30:00 of: [a named individual] 3. Starting and ending mileage for police cruiser that [a named individual] was using on 8/29/24 4. All policies and procedures for generating CAD reports and Blotter Reports 5. All CAD sheets, details, blotter reports or any other report concerning all 911 calls between 17:45:00 to 18:00:00 on 8/29/24 6. All locations of License Plate Readers and/or Flock Cameras in the City of Burlington, MA as of 8/29/2024 7. [A]ny and all call logs (including listing of the phone number called from with the date and time of the call), voicemails, recordings, and/or any and all records kept within the Department pertaining to calls made from phone numbers: [a list of specified phone numbers.] The Department responded on March 24, 2026. Unsatisfied with the Department’s response, Attorney Fratto petitioned this office, and this appeal, SPR26/1064, 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

Jennifer Priest SPR26/1064 Page 2 April 7, 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, Attorney Fratto contends that “I was denied because the Burlington Police Department claims these records are a subject of a dispute in active litigation. However, these are not disputes in active litigation.” The Department’s March 24th Response In its March 24, 2026 response, the Department provided records responsive to Item 4 of the request, and states the following regarding Items 1-3, and 5-7 of the request: This letter responds to your request for records related to the incident resulting in Commonwealth v. Philip Carter, Woburn Superior Court, Docket No. 2453CR001038, which remains pending prosecution. The records requested reference the officers, date, and time period of your client’s arrest. As you provided a signed release by your client, we are aware that you represent the defendant in this court case. 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 with regard to points 1-3 and 5.-7 of your request are 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, this Department will request that the appeal be denied on this basis.

Jennifer Priest SPR26/1064 Page 3 April 7, 2026 Additionally, because you are the legal representative for the 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 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: 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 Woburn District Court. See Commonwealth v. Philip George Carter, Woburn District Court Docket No. 2453-CR-001038 (Apr. 3, 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: Kara Fratto, Esq.