Kari Cincotta v. Boston, City of - Police Department (SPR 20232858)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 7, 2023 SPR23/2858 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston 1 City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Kari Cincotta, Esq., of the New England Innocence Project, 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 April 10, 2023, Attorney Cincotta requested: [a]ny and all reports, memorandum, notes, records, or other documents related to any and all investigation from any CrimeStopper Tips, or other crime-solving tips (anonymous or otherwise), about the shooting of [an identified individual] on May 7, 2009 at [a specified location]. Prior appeal This request was the subject of a prior appeal. See SPR23/1674 Determination of the Supervisor of Records (July 28, 2023). The Department responded on August 24, 2023, Unsatisfied with the Department’s response, Attorney Cincotta petitioned this office and this appeal, SPR23/2858, 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 agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 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. SPR23/2858 Page 2 December 7, 2023 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. In her petition received on November 24, 2023, Attorney Cincotta petitioned this office to appeal the Department’s August 24, 2023 response. The Public Records Access Regulations, which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety (90) days of the date of the request letter, or within ninety (90) days of the date of a written response from the record custodian. See 950 C.M.R. 32.08 (1)(d); 950 C.M.R. 32.08 (1)(e). The attachments provided with Attorney Cincotta’s appeal have exceeded the ninety (90) day limit. Attorney Cincotta may make a new request to the Department for the same information. The Department has ten (10) business days in which to respond to the new request. See G. L. c. 66, § 10(b). If the Department denies the request or fails to respond within ten (10) business days, Attorney Cincotta may appeal to this office within the ninety (90) day time frame. At that time, this office will review the matter. Sincerely, Manza Arthur Supervisor of Records cc: Kari Cincotta, Esq.