Articles, True v. Lynnfield, Town of - Police Department (SPR 20261474)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2026 SPR26/1474 Captain Nick Secatore Chief of Police Lynnfield Police Department 55 Summer Street Lynnfield, MA 01940 Dear Captain Secatore: I have received the petition of True Articles (requester) appealing the response of the Lynnfield 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 28, 2026, the requester sought, any records sufficient to describe the factual basis of the sustained allegation involving [an identified individual] of the Lynnfield Police Department. This request includes, but is not limited to, records describing the conduct, statements, or interactions underlying the sustained findings associated with incidents dated December 12, 2023 and June 12, 2024, as reflected in POST Commission reporting. I am not requesting full investigative files at this time. Rather, I am seeking summaries, closing reports, disciplinary decisions, or portions of records that describe the nature of the conduct and findings. The Department responded on April 7, 2026. Unsatisfied with the response, the requester petitioned this office and this appeal, SPR26/1474, 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). 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

Captain Nick Secatore SPR26/1474 Page 2 April 30, 2026 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 7th Response In its April 7, 2026 response, the Department acknowledged receipt of the request and stated, “[w]e will compile the information requested for release. There will be no charge for this request.” Current Appeal In its April 20, 2026 appeal, the requester stated, “[t]he Department acknowledged receipt of the request and, on April 7, 2026, indicated that responsive records would be compiled for release. However, as of today, the Department has not provided any responsive records, nor has it provided a good faith estimate of the time required to produce such records.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requester in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that … for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where the requester submitted the request on March 28, 2026, and the Department has not provided the responsive records, nor cited an exemption for withholding records, I find that the Department has not met its burden in responding to the request in accordance with G. L c. 66, § 10(b)(vi). Consequently, the Department must provide an estimated date as to when it intends

Captain Nick Secatore SPR26/1474 Page 3 April 30, 2026 to complete the search and provide any responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide the requester 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. The requester 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: True Articles