Christian A. Williams v. Boston, City of - Public Records (SPR 20241195)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 25, 2024 SPR24/1195 Shawn A. Williams, Esq. Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Christian A. Williams, Esq. appealing the response of the City of Boston (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 2, 2024, Attorney Williams requested, “…any and all body worn camera recorded by [an identified police officer] on Friday, March 22, 2024, between 3:00 – 5:00 PM.” On April 2, 2024, the City acknowledged Attorney Williams’ request and provided him with a reference number, R001382-040224, for tracking purposes. On April 4, 2024, the City inquired from Attorney Williams, “[d]o you want footage of a particular incident or all body worn camera for that time for the officer? I believe they responded to more than one incident during that time frame.” On April 4th, Attorney Williams responded to the City, “…I am looking for the video related to Incident #242023354, around Mt. Pleasant Street and later Forest Street.” On April 15th, Attorney Williams emailed the City seeking the status on his request, and stating, “… [p]lease let me know if you have an ETA. . .” On April 20, 2024, Attorney Williams petitioned the Supervisor of Records, asserting, “…[the custodian] has not provide[d] any [responsive] records…” As a result, this appeal, SPR24/1195, was opened. 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 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. SPR24/1195 Page 2 April 25, 2024 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 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. 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. The City’s April 22nd Response Subsequent to the opening of this appeal, on April 22, 2024, the City provided Attorney Williams with a response stating, “[we] have alerted representatives from the Police department regarding this matter in an effort to resolve any outstanding issues regarding your April 02, 2024 public records request. [We] will provide an update to you once additional information is provided to me by the [Police] [D]epartment. A copy of any update, as well as this communication will be provided to the [Supervisor]…” Please be advised that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5); see also G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). The City must provide an estimated date as to when it intends to complete the search and provide the outstanding record. Conclusion Accordingly, the City is ordered to provide Attorney Williams 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 the response to this office at pre@sec.state.ma.us. Attorney Williams may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1).

Shawn A. Williams, Esq. SPR24/1195 Page 3 April 25, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Christian A. Williams, Esq.