Wilson, Benjamin v. Belmont, Town of - Police Department (SPR 20261292)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2026 SPR26/1292 Sergeant Richard Murphy Belmont Police Department 460 Concord Avenue Belmont, MA 02478 Dear Sergeant Murphy: I have received the petition of Benjamin Wilson appealing the response of the Belmont 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 27, 2026, Mr. Wilson requested the following: [1] The Belmont Police Department’s current social media policy governing[:] [a] Comment moderation [b] Hiding, deleting, or restricting comments [c] Blocking or limiting users on official social media pages [2] Any records, logs, or documentation showing moderation actions taken on the department’s 3/28 Facebook post about Mail theft[:] [a] Hidden comments [b] Deleted comments [c] Comments marked as “hide from timeline” or “hide from public” [d] Any automated or manual moderation actions [3] Any internal guidelines, training materials, or directives provided to staff regarding[:] [a] Handling comments that reference police activity [b] Handling comments that include images or links [c] Handling comments related to ongoing investigation The Department responded on April 8, 2026. Unsatisfied with the response, Mr. Wilson petitioned this office and this appeal, SPR26/1292, was opened as a result. Subsequent to the opening of this appeal, the Department provided a further response to Mr. Wilson and this office on April 13, 2026. 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

Sergeant Richard Murphy SPR26/1292 Page 2 April 23, 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. The Department’s April 8th Response In its April 8, 2026 response, the Department stated, “[t]he Town of Belmont does not possess any documents that are responsive to your Public Records Request. We now consider your request closed.” Current Appeal In his appeal, Mr. Wilson states: Social media content and moderation actions are public records under the Secretary of the Commonwealth’s own guidance. Agencies are required to maintain records of social media activity, including moderation actions, policies, and procedures. Claiming that no responsive documents exist indicates either an inadequate search or a failure to maintain required records. The Town did not cite any exemption, did not describe its search, and closed the request prematurely. No Duty to Create Records The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the

Sergeant Richard Murphy SPR26/1292 Page 3 April 23, 2026 desired information. See 950 C.M.R. 32.04(5). In its April 13, 2026 supplemental response, the Department stated, “[t]here was no denial of record request for this. We simply do not have any policy, procedure, or otherwise dictating the use of our department social media pages. Therefore, we are unable to provide such as none exist.” Conclusion Where the Department confirmed that it does not possess records responsive to Mr. Wilson’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Wilson is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Benjamin Wilson