Lauren Santos v. Boston, City of - Police Department (SPR 20230357)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 8, 2023 SPR23/0357 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Lauren Santos appealing the response of the City of Boston (Boston) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 31, 2023, Ms. Santos requested, “all incident reports and investigatory materials associated with [named location] between the years 1991 – 1994.” On February 9, 2023, the City responded, and provided a further response on February 15, 2023. Unsatisfied with the City’s responses, Ms. Santos petitioned this office and this appeal, SPR23/0357, 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. 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. SPR23/0357 Page 2 March 8, 2023 The City’s February 9th and February 15th responses In its February 9, 2023 response, the City indicated that it had no police reports for the named address for the dates of December 22, 1992 and December 23, 1992. In its February 15, 2023 response, the City indicated that it had no police reports for the named address for the date of December 24, 1992. Current Appeal In her current appeal, Ms. Santos indicated that the City did not address the second part of her request for investigatory materials. Based on the City’s response, it is unclear if it possesses additional records responsive to the above request. Specifically, the City must clarify whether it possesses investigatory materials within the timeframe provided. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Conclusion Accordingly, the City is ordered to provide Ms. Santos with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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, Manza Arthur Supervisor of Records cc: Lauren Santos