Daniel DeFraia v. Boston, City of - Public Records (SPR 20210081)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 28, 2021 SPR21/0081 Shawn A. Williams, Esq. Director of Public Records/Records Access Officer City of Boston City Hall One City Hall Square Boston, MA 02120 Dear Attorney Williams: I have received the petition of Daniel DeFraia appealing the response of the City of Boston (City) Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. DeFraia requested: 1. Data showing how many U-Visas the [Department] has provided and denied since 2000. The U-Visa gives temporary status to immigrant crime victims who are helpful in a law enforcement investigation or prosecution; 2. Copies of any policies or procedures that outline the [Department’s] process in reviewing U-Visa certification requests; 3. Copies of any and all Supplement B (U-Visa certification) forms, and accompanying attachments (including but not limited to, police reports and any other investigative records), approved by the [Department] in 2018; and 4. Copies of any and all Supplement B (U-Visa certification) forms, and accompanying attachments (including but not limited to, police reports and any other investigative records), denied by the [Department] in 2018. Prior appeals This request was the subject of previous determinations. See SPR19/2468 and SPR20/1991 Determinations of the Supervisor of Records (December 19, 2019 and October 29, 2020). Unsatisfied with the Department’s January 8th response, Mr. DeFraia petitioned the Supervisor again, and the current appeal was opened. In his petition, Mr. DeFraia asserts, “[t]he visa can help victims get immigration status and ensure that criminals don’t operate with impunity. To apply for this relief, victims need an investigation agency (such as the 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. SPR21/0081 Page 2 January 28, 2021 [Department]) to sign a ‘certification.’” Further, Mr. DeFraia asserts, “[t]he [Department] certifies or denies those applications, not the [V]isa itself, and therefore must retain and have access to information and/or records concerning that process. The fact that the [Department] does not provide those [V]isas itself is irrelevant to my request, including the aggregate data I requested.” In camera inspection In order to facilitate a determination as to the applicability of the Department’s claim that the U-Visa certification records in their possession may be withheld under Exemption (a), (c) and (f) in their entirety, the Department must provide the Supervisor with an un-redacted copy of these records for an in camera inspection. The authority to require the submission of records for an in camera inspection emanates from the Code of Massachusetts Regulations. 950 C.M.R. 32.08(4); see also G. L. c. 66, § 1. This office interprets the in camera inspection process to be analogous to that utilized by the judicial system. See Rock v. Massachusetts Comm’n Against Discrimination, 384 Mass. 198, 206 (1981) (administrative agency entitled deference in the interpretation of its own regulations). Records are not voluntarily submitted, but rather are submitted pursuant to an order by the Supervisor that an in camera inspection is necessary to make a proper finding. Records are submitted for the limited purpose of review. The Supervisor and the Public Records Division are not the custodians of records examined in camera; therefore, any request made to the Supervisor or the Public Records Division for records being reviewed in camera will be denied. 950 C.M.R. 32.08(4)(c). The Supervisor has a long history of cooperation with governmental agencies with respect to in camera inspection. Custodians submit copies of the relevant records to the Supervisor upon a promise of confidentiality. The Supervisor does not release records reviewed in camera to anyone under any circumstances. Upon a determination of the public record status, records reviewed in camera are promptly returned to the custodian. To operate in any other fashion would seriously impede our ability to function and would certainly affect our credibility within the legal community. The Department may provide the Supervisor with a further explanation of its position regarding the Department’s denial to provide the responsive records and the applicability of the exemption claim. Please be advised that, unlike the materials provided for in camera inspection, any such additional correspondence would be placed in the file for this appeal and would be available to the public. Conclusion Accordingly, the Department is ordered to provide this Office with the responsive records without delay.

Shawn A. Williams, Esq. SPR21/0081 Page 3 January 28, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Daniel DeFraia