Stokes, Brandon v. Beverly Police Department (SPR 20261169)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 14, 2026 SPR26/1168; SPR26/1169 John G. LeLacheur Chief of Police Beverly Police Department 175 Elliott Street Beverly, MA 01915 Dear Chief LeLacheur: I have received two petitions of Brandon Stokes, of 7News WHDH Boston, appealing the response of the Beverly Police Department (Department) to requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 31, 2026, Mr. Stokes requested the following records: SPR26/1168 …all 911 calls related to a home invasion/robbery at [an identified address] in Beverly on 3/28/26, including but not limited to a 911 call from a neighbor [an identified address] around 8:50 am that day. SPR26/1169 … the police report related to a home invasion/robbery at [an identified address] in Beverly on 3/28/26. The Department provided a response on March 31, 2026 to both requests. Unsatisfied with the Department’s response, Mr. Stokes petitioned this office and these appeals, SPR26/1168 and SPR26/1169, were 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 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 John G. LeLacheur SPR26/1168; SPR26/1169 Page 2 April 14, 2026 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 March 31st Response In its March 31, 2026 response, the Department stated, “[t]his cannot be released as this is under investigation.” Burden of Specificity The Department’s March 31, 2026 response did not contain the specificity required in a denial of access to public records. The Department withheld the requested records without claiming any exemption(s) in the Public Records Law that would support the withholding of the responsive records. 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. As a result, I find that the Department did not satisfy its burden in responding to these requests. Consequently, the Department must identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Department is ordered to provide Mr. Stokes 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. Stokes may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Chief John G. LeLacheur SPR26/1168; SPR26/1169 Page 3 April 14, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Brandon Stokes