George, Christopher v. Dartmouth, Town of - Police Department (SPR 20261115)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 9, 2026 SPR26/1115 Jodie Phillips Records Access Officer Dartmouth Police Department 1390 Tucker Road Dartmouth, MA 02747 Dear Ms. Phillips: I have received the petition of Christopher George appealing the response of the Dartmouth 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 24, 2026, Mr. George requested, “[d]ocuments concerning motor vehicle citations and reports involving [an identified individual]:” [1] Any and all police, accident and/or incident reports involving [an identified individual] on October 14, 2014[;] [2] Copies of a dispatch logs concerning or involving [an identified individual] on October 14, 2014[;] [3] Copies of all recorded 911 calls concerning [an identified individual] on October 14, 2014[;] [4] Any and all photographs taken in connection with the response to events related to [an identified individual] on October 14, 2014[;] [5] Any and all citations issued to [an identified individual] based on October 14, 2014, including citations R4533089 and R453088[;] [6] Any and all statements concerning events involving [an identified individual] on October 14, 2014[;] [7] Any and all witness statements, comments, and/or remarks concerning events involving [an identified individual] October 14, 2014[.] The Department responded on March 26, 2026. Unsatisfied with the response, Mr. George petitioned this office and this appeal, SPR26/1115, 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 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

Jodie Phillips SPR26/1115 Page 2 April 9, 2026 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 his appeal petition, Mr. George contends, “[t]he information contained in these public records is highly relevant and necessary for our assessment of coverage in the October 7, 2025, motor vehicle accident. Without access to these unredacted records, our client will not be able to adequately access whether [an identified individual] actions in the October 7, 2025, fall under [an identified individual] coverage.” The Department’s March 26th Response On March 26, 2026, the Department identified the following records, Reports 14-471-AC and 14-325-AR, call log 14-19256, citations R453088 and R4533089, 10 photographs associated with 14-325-AR, 2 (two) 911 call recordings, and 1 witness statement associated with 14-471- AC as responsive to the request. The Department cited the Criminal Offender Record Information (CORI) Act, as it operates through Exemption (a) of the Public Records Law to withhold the responsive records. See G. L. c. 4, § 7(26)(a). Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is

Jodie Phillips SPR26/1115 Page 3 April 9, 2026 restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. The Criminal Offender Record Information (CORI) Act provides in pertinent part as follows: “Criminal offender record information,” records and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to information recorded in criminal proceedings that are not dismissed before arraignment. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information. Criminal offender record information shall be limited to information concerning persons who have attained the age of 18 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 18; provided, however, that if a person under the age of 18 was adjudicated as an adult in superior court or adjudicated as an adult after transfer of a case from a juvenile session to another trial court department, information relating to such criminal offense shall be criminal offender record information… G. L. c. 6, § 167. In its response, the Department stated, “[t]he Department intends to withhold the following requested records:” [1] reports 14-471-AC and 14-325-AR [2] call log 14-19256, [3] citations R453088 and R4533089[;]

Jodie Phillips SPR26/1115 Page 4 April 9, 2026 [4] 10 photographs associated with 14-325-AR[;] [5] 2 (two) 911 call recordings[;] [6] 1 witness statement associated with 14-471-AC[.] In its response, the Department further stated, “[a]s a result, any and all Criminal Offender Record Information (CORI), such as a criminal charge, an arrest, or like information, shall not be public record and is protected under statute/law.” Based on the Department’s response, it is unclear how the responsive records, in their entirety, may be withheld under CORI as it operates through Exemption (a) of the Public Records Law. Specifically, it is not clear how the withheld records constitute “information recorded in criminal proceedings that are not dismissed before arraignment.” See G. L. c. 6, § 167. It is additionally unclear if the Department could provide segregable portions of the responsive records. Any non-exempt segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). The Department must clarify these matters. Conclusion Accordingly, the Department is ordered to provide Mr. George 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. Mr. George may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Christopher George