Rodolfo Carr v. Boston, City of - Police Department (SPR 20200698)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 11, 2020 SPR20/0698 Shawn Williams, Esq. Records Access Officer City of Boston One City Hall Plaza, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Rodolfo Carr appealing the response of the City of Boston (City) and the Suffolk County District Attorney’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on February 5, 2020, Mr. Carr requested, “ copies of [identified] victim Homicide Case Index, Section contents number four, Victim Information and 1974 Factual Case Summary number twelve…” Previous Appeals This request was the subject of previous appeals. See SPR19/1252 Determination of the Supervisor of Records (July 8, 2019); SPR19/1512 Determination of the Supervisor of Records (August 13, 2019); SPR20/0573 Determination of the Supervisor of Records (April 3, 2020). In my April 3rd determination I advised that the appeal did not describe the type of action Mr. Carr seeks from this office. On April 25th, Mr. Carr submitted an appeal to this office and SPR20/0698 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 town 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) (written response must “identify 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

Shawn Williams, Esq. SPR20/0698 Page 2 May 11, 2020 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…”); 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). Current Appeal In his current appeal dated April 25th, Mr. Carr states, “Appellant-Carr pursuant to Vaughn v. Rosen Kaikorian v Dept. of State, Davin v. United States DOJ, Clemente v. FBI is requesting and or is asking that … SOR … order the Boston Police Department (BPD) to provide or to give to appellant Carr, the copy of identified victim … homicide case index, section contents number four, victim information…” After a review of the file, it is unclear what Mr. Carr has appealed. See 950 C.M.R. 32.08(1)(f) (all petitions for appeal shall be in writing and shall specifically describe the nature of the requestor's objections to the response). Mr. Carr may resubmit an appeal to this office once the appeal has been clarified. Please be aware that all petitions for appeal of a response by a records access officer must be made within 90 calendar days of the date of the response by a records access officer. See 32.08(1)(d). Sincerely, Rebecca S. Murray Supervisor of Records cc: Rodolfo Carr