David Weimer v. Boston, City of - Police Department (SPR 20202508)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 29, 2020 SPR20/2508 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Plaza, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Mr. David Weimer appealing the response 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 August 16, 2020, Mr. Weimer requested the following: 1. “All records relating to the Boston Police Department's current minimum staffing levels for all areas and districts. The BPD referenced minimum staffing levels specifically in a Ways and Means hearing before the Boston City Council on July 28, 2020 (available https://youtu.be/MHJuUcfhRrk).” 2. “Documents related to the calculation of minimum staffing levels for all police districts in Boston.” In an email dated September 16, 2020, the Department asserted “there are no records responsive to your request.” In an email dated September 16, 2020, Mr. Weimer disputed the response and provided further clarification. On September 23, 2020 the Department responded stating that the request had been “reopened.” Claiming to not yet have received a further response, Mr. Weimer petitioned this office and this appeal 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). 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. SPR20/2508 Page 2 December 29, 2020 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. It is unclear whether the Department has any responsive records in its possession. The Department must clarify this. Order Accordingly, the Department is ordered to provide Mr. Weimer 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. Mr. Weimer may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. David Weimer