Darius Gibson v. Boston, City of - Public Records (SPR 20231276)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 27, 2023 SPR23/1276 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Plaza, Room 615 Boston, MA 02201-2013 Dear Attorney Williams: I have received the petition of Darius Gibson appealing the response of the Boston Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 20, 2022, Mr. Gibson requested “[a]ll ballistic documentation, ballistic reports, and photographs for the following cases: CC# 100287074 FAS 10-510; and CC# 100291587 FAS 10-505.” On March 15, 2023, the Department provided a response to the request. The Department’s March 15th response indicates, “[w]e have reviewed our files and have located records that correspond to your request. These records have been included with this response.” After receiving the March 15th production of records, Mr. Gibson petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his June 6, 2023 petition, received by this office on June 12th, Mr. Gibson stated his reason for this appeal, “I need color photographs for a forensic examination. The photographs that were provided are barely visible in black and white.” 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 agency or municipality 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 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. SPR23/1276 Page 2 June 27, 2023 order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Based upon Mr. Gibson’s June 6th petition, it is unclear whether the Department can provide the requested photographs in color; instead of the black and white versions the Department provided on March 15, 2023. The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Gibson with a response to his request 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Darius Gibson