Jennifer Bannon v. Boston, City of - Police Department (SPR 20202336)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 10, 2020 SPR20/2336 Shawn A. Williams, Esq. Director of Public Records City of Boston One City Hall Plaza Boston, MA 02201 Dear Attorney Williams: I have received the petition of Ms. Jennifer Bannon appealing the nonresponse of the Boston Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on September 28, 2020, Ms. Bannon requested “all complaints Internal Investigations Division of the Boston Police Department has received regarding [a named officer]. Along with the Citizen complaint full report: IAD2011-0266….” Previous Appeal This request has been the subject of a previous appeal. See SPR20/2153 Determination of the Supervisor of Records (November 18, 2020). In my November 18th determination I ordered the Department to provide a response to Ms. Bannon’s request. In response, the Department provided a redacted copy of an internal affairs report, labeled IAD2011-0266. Unsatisfied with the Department’s response, Ms. Bannon petitioned this office and this appeal, SPR20/2336, was opened as a result. Current Appeal In her appeal petition, Ms. Bannon states that, regarding the record she received, “page 25- 26-27 under Recommendations- is all Blacked out….” Ms. Bannon indicates that she seeks a copy of the document with the recommendations section visible. Burden of specificity in claiming exemptions 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 any 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 A. Williams, Esq. SPR20/2336 Page 2 December 10, 2020 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). The Department must identify the exemption(s) upon which its redactions are based, and explain how such an exemption applies to this record. See G. L. c. 66, § 10(b)(iv). I understand that a staff attorney of the Public Records Division attempted to contact you regarding this appeal but was unable to reach you prior to the issuance of this determination. Additional Records In her appeal petition, Ms. Bannon states that the Department “did not include Officer David Godin’s other IA report from April 16, 2015.” In light of Ms. Bannon’s petition, it is unclear if the Department possesses this IA report, or any other additional responsive records. The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Ms. Bannon with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jennifer Bannon