Jessica Studstill v. Boston, City of - Public Records (SPR 20250059)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 14, 2025 SPR25/0059 Shawn A. Williams, Esq. Director of Public Records City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Jessica Studstill, Esq., of Litchfield Cavo LLP, 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 November 25, 2024, Attorney Studstill requested: [a]ny documents in your possession from November 15, 2015 to November 15, 2018 concerning the Westin Waterfront, … Summer Street, Boston, MA 02210. [A] copy of complete file, including, but not limited to, all investigative reports, statements, narratives, complaints, logs, records, letters, memoranda, photographs, all incident reports from the Westin Waterfront, … Summer Street, MA 02210 and any and all CAD sheets where Boston Police Department responded to the Westin Waterfront. The Department responded on December 4, 2024. Unsatisfied with the Department’s response, Attorney Studstill petitioned this office and this appeal, SPR25/0059, 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, § 7(26). 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. SPR25/0059 Page 2 January 14, 2025 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 Department’s December 4th Response In its December 4, 2024 response, the Department assigned the reference number B003420-112624 and provided responsive records. Current Appeal In her appeal, Attorney Studstill asserts, “I did not receive any of the relevant incident report narratives and/or CAD Sheets, nor did I receive a denial as to that request.” Based on Attorney Studstill’s appeal, in conjunction with the Department’s response, it is unclear if the Department possesses the requested incident report narratives and CAD Sheets. 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). However, 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). Consequently, the Department must clarify whether additional responsive records exist. Conclusion Accordingly, the Department is ordered to provide Attorney Studstill with a response to the 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. Attorney Studstill may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Shawn A. Williams, Esq. SPR25/0059 Page 3 January 14, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jessica Studstill, Esq.