Allison Jarmanning v. Boston, City of - Police Department (SPR 20211295)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 8, 2021 SPR21/1294 & SPR21/1295 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 petitions of Allison Jarmanning of WBUR appealing the nonresponse of the Boston Police Department (Department) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on April 14, 2021, Ms. Jarmanning submitted two requests seeking the following records: 1. “Since 2010, any internal investigations of officers for domestic violence allegations that were sustained. I do not need to receive the whole file. I am seeking sections of the file that specify details of the allegation. I've attached two documents from another IA file I received that appear to be a memo to command staff, and a cover page. I would like to receive these types of records for all of the sustained domestic violence allegations against police officers investigated by Boston police since 2010.” 2. “Since 2010, any internal investigations of officers for sexual assault, rape or molestation allegations that were sustained. I do not need to receive the whole file. I am seeking sections of the file that specify details of the allegation. I've attached two documents from another IA file I received that appear to be a memo to command staff, and a cover page. I would like to receive these types of records for all of the sustained sexual assault, rape or molestation allegations against police officers investigated by Boston police since 2010.” Claiming to not yet have received a response, Ms. Jarmanning petitioned this office and these appeals were opened as a result. 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. SPR21/1294 & SPR21/1295 Page 2 June 8, 2021 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); 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. Order Despite being notified of the opening of these appeals, the Department has yet to provide a response with respect to Ms. Jarmanning’s requests. Accordingly, the Department is ordered to provide Ms. Jarmanning with a response to the requests, 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. Ms. Jarmanning 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: Ms. Allison Jarmanning, WBUR