Allison Jarmanning v. Boston, City of - Police Department (SPR 20211297)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 8, 2021 SPR21/1297; SPR21/1298; SPR21/1299 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 May 7, 2021, Ms. Jarmanning submitted three requests seeking the following records: 1. “Internal affairs records pertaining to [a named Officer], specifically: I2010-103, received 11/8/2010, Sleeping on duty, sustained IAD2018-0361, received 7/5/2018, neg.duty/unreasonable judge, sustained.” 2. “Duty photo or official department photo of [a named Officer].” 3. “Duty photo or official department photo of [a named Officer].” Claiming to not yet have received a response, Ms. Jarmanning petitioned this office and these appeals were 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. SPR21/1297; SPR21/1298; SPR21/1299 Page 2 June 8, 2021 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, ,uJ!JW;(J. ·-- o .fJ A ~ ~ ~ - ~ Rebecca S. Murray Supervisor of Records cc: Ms. Allison Jarmanning, WBUR