Stevan Johnson v. Boston, City of - Public Records (SPR 20243370)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 27, 2024 SPR24/3370 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 Stevan Johnson 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 September 29, 2024, Mr. Johnson requested: [1] Name of newspaper in the City of Boston that published Boston Police Department Rule 403(“Rule 403”), which appears to have become effective August 29, 2008; [2] Date of said newspaper publication of Rule 403; [3] A copy of said newspaper publication of Rule 403[.] Previous Appeal This request was the subject of a previous appeal. See SPR24/3254 Determination of the Supervisor of Records (December 12, 2024). In my December 12th determination, I ordered the City to provide Mr. Johnson with a response to his request. The City responded on December 13, 2024, and assigned tracking number B003222-110724. Unsatisfied with the City’s response, Mr. Johnson petitioned this office and this appeal, SPR24/3370, 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 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. SPR24/3370 Page 2 December 27, 2024 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 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 December 13th response In its December 13, 2024 response, the City states, “[a] response to this request was provided to you in a letter dated April 6, 2017…. A copy of the letter and email are attached.” Current Appeal In his appeal to this office, Mr. Johnson states: On August 15, 2022 a new Police Commissioner of the City of Boston was installed…. Less than a year ago - -- on March 28, 2024 - - - Boston Police Department 403 (“Rule 403”) appears to have been updated / amended by the new Police Commissioner of the City of Boston. The City of Boston cannot continue to rely on a response that was given April 6, 2017 each time Rule 403 is updated / amended. Therefore, please consider this as an Appeal of the non-response recently given on December 13, 2024 by the City of Boston with regards to whether or not the current Police Commissioner of the City of Boston performed the duty incumbent upon such a person to formally publish such rules and orders (like Rule 403) at least once in a newspaper pursuant to and in accordance with the mandate established by the Massachusetts Legislature under Section 1 of Chapter 392 of the Acts of 1930. The City is 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). Additionally, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their

Shawn A. Williams, Esq. SPR24/3370 Page 3 December 27, 2024 superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the information provided in Mr. Johnson’s appeal petition, it is unclear whether the City possesses additional responsive records. The City must clarify this. Conclusion Accordingly, the City is ordered to provide Mr. Johnson with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Stevan Johnson