Valentino, Gianna v. Saugus, Town of - Police Department (SPR 20261089)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 3, 2026 SPR26/1089 Jeannette Meredith Records Access Officer Town of Saugus 298 Central Street Saugus, MA 01906 Dear Ms. Meredith: I have received the petition of Gianna Valentino appealing the response of the Town of Saugus (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 8, 2026, Ms. Valentino requested, “the police incident report from the same call to be released to me with proper redactions. Unit Police fire and EMS were dispatched to [an identified address…” Previous Appeals This request was the subject of previous appeals. See SPR26/0364 Determination of the Supervisor of Records (February 13, 2026) and SPR26/0813 Determination of the Supervisor of Records (March 18, 2026). In my March 18th determination, I ordered the Town to clarify how the record could be withheld under Exemptions (a), (c), and (f) of the Public Records Law. The Town provided a response on March 25, 2026. Unsatisfied with the response, Ms. Valentino petitioned this office and this appeal, SPR26/1089, 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. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also 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

Jeannette Meredith SPR26/1089 Page 2 April 3, 2026 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. See 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 Town’s March 25th Response In its March 25, 2026 response, the Town provided a redacted incident report. Current Appeal In her March 25, 2026 appeal to this office, Ms. Valentino stated, “[the Town] made six redactions, and failed to provide the statutory required legal exemptions that empowered them, and allow them to redact the information…” Burden of Specificity Under the Public Records Law, the burden shall be upon the records custodian to establish the applicability of an exemption. 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, including the specific exemption or exemptions upon which the withholding is based . . .”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. Based on the Town’s response, it is unclear what exemption under the Public Records Law the Town is claiming to redact the responsive record. It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold or redact a requested record. Consequently, I find the Town must identify an exemption and explain with specificity how the exemption applies to the redacted record. See G. L. c. 66, § 10(b). Conclusion Accordingly, the Town is ordered to provide Ms. Valentino with a response to her 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.

Jeannette Meredith SPR26/1089 Page 3 April 3, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Gianna Valentino Alisa McCarthy