Dafonseca, Maldini v. Brockton, City of - Police Department (SPR 20261459)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2026 SPR26/1459 Lieutenant Victor Perez Records Access Officer Brockton Police Department 7 Commercial Street Brockton, MA 02302 Dear Lieutenant Perez: I have received the petition of Maldini Dafonseca appealing the response of the Brockton Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 14, 2026, Mr. Dafonseca requested a “[c]opy of the incident report (and basic offense report) for an incident that occurred in August 17, 2016 handled by the Brockton Police Department.” The Department responded on April 14, 2026. Unsatisfied with the Department’s response, Mr. Dafonseca petitioned this office and this appeal, SPR26/1459, 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. 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. 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

Lieutenant Victor Perez SPR26/1459 Page 2 April 30, 2026 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 14th Response In its April 14, 2026 response, the Department stated, “[o]ur department does not release arrest reports. You will need to contact the Brockton District Court.” Current Appeal In the appeal petition, Mr. Dafonseca contends, “[m]y request was denied. I was not provided with a sufficient written explanation identifying the specific exemption(s) under the law that justify withholding the record. I also attempted to obtain related records through the Brockton District Court, but access was similarly refused.” Records In Existence The Department is advised that 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). Further, 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 desired information. See 950 C.M.R. 32.04(5). Based on Mr. Dafonseca’s claims, in conjunction with the Department’s response, it is unclear if the Department possesses any records responsive to his request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See 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”). Conclusion Accordingly, the Department is ordered to provide Mr. Dafonseca 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. Dafonseca may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1).

Lieutenant Victor Perez SPR26/1459 Page 3 April 30, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Maldini Dafonseca