Patrick J. Mason v. Boston, City of - Police Department (SPR 20212662)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 25, 2021 SPR21/2662 Shawn A. Williams Records Access Officer Boston Police Department One Schroeder Square Boston, MA 02120 Dear Attorney Williams: I have received the petition of Mr. Patrick Mason appealing the response of the Boston Police Department to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 20, 2021, Mr. Mason made a request for, “…reports, 9/11 calls, photos/videos obtained, and dispatch log[s]” pertaining to a motor vehicle incident. On October 6, 2021, the Department provided a response. Unsatisfied with the Department’s response, Mr. Mason petitioned this office and this appeal, SPR21/2662, 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). 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. The Department’s October 6th response On October 6, 2021, the Department provided Mr. Mason with a response by informing him that “responsive records were available for [Mr. Mason’s] viewing in the records center.” 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 Williams, Esq. SPR21/2662 Page 2 October 25, 2021 Current Appeal In his October 12, 2021 appeal, Mr. Mason stated, “[t]he Boston Police acknowledged receipt of the request on September 20th and did provide…[the] photos, video and 911 calls in a timely manner. The Department did not…respond to the request [for] the police reports [and] the dispatch log as requested. The Department also has yet to provide a reason for not providing copies of these documents.” On October 14, 2021, the Department reiterated that, “that responsive records are available for your review in the records center…[and that i]t appears that [Mr. Mason] did access these records.” In a telephone call with a member of the Public Records Division on October 21, 2021, Mr. Mason explained that he was having difficulty opening and viewing three of the files in the records center and stipulated that those files possibly contained the outstanding records. On October 22, 2021, the Department clarified that, “[those] three (3) files marked as responsive…are merely clip art files that contain no data….if the other files are able to be downloaded and accessed, then the requester has all of the responsive documents.” Despite the Department’s responses, it remains unclear if the Department possesses additional requested records. The Department must clarify this. Conclusion Accordingly, the Department is ordered to review the request and provide a response to Mr. Mason made in accordance with the Public Records Law, its Regulations, and this order 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: Patrick Mason