Stevan Johnson v. Office of the Attorney General (SPR 20250067)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2025 SPR25/0067 Hanne Rush, Esq. Assistant Attorney General Records Access Officer Office of the Attorney General One Ashburton Place, 20th Floor Boston, MA 02108 Dear Attorney Rush: I have received the petition of Stevan Johnson appealing the response of the Office of the Attorney General (AGO) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 10, 2024 Mr. Johnson requested the following records: [1] Part I - Boston Police Department IAD ‘‘exoneration’’ racket - - - (11/16/ 2024)[;] [2] Part II - Boston Police Department IAD ‘‘exoneration’’ racket - - - (11/16 / 2024)[;] [3] Part III - Boston Police Department IAD ‘‘exoneration’’ racket - - - (11/16/ 2024)[;] [4] Boston [identified] Police Officer material false statement – (11/17 /2024)[;] [5] Boston Police Commissioner's alleged intimidation of subordinates – (11/19/ 2024)[;] [6] February 9, 2022 - Boston ... provided info - - (11/20/2024)[;] [7] July 20, 2022 - Boston ... provided info - - - (11 / 20 / 2024)[;] [8] 2nd Amended 09 / 16 / 2024 Complaint against [an identified individual] - - (11/22/2024)[;] [9] Boston Police Commissioner ... “willful blindness” – (11/23/2024)[;] [10] Boston Police Commissioner ... “willful blindness” – (11/24/2024)[;] [11] Hearing request / via POST [an identified individual] – (11/25/2024)[;] [12] Hearing request / via POST [an identified individual] - - - (11/26/2024)[;] [13] Follow-up report of bribery solicitation by Boston PD captain - - - (11/29/ 2024)[;] [14] Report c/o Post Commission [an identified individual] – (11/29/2024)[;] [15] May 1, 2013 notice to Boston PD Commissioner ... - - (12/05/2024)[.] 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

Hanne Rush, Esq. SPR25/0067 Page 2 January 23, 2025 Prior Appeal The requested records were the subject of a prior appeal. See SPR25/0008 Determination of the Supervisor of Records (January 10, 2025). In my January 10th determination, I learned that the AGO provided Mr. Johnson with a response on January 7, 2025. Unsatisfied with the response, Mr. Johnson petitioned this office and this appeal, SPR25/0067, 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). 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. Current appeal In his January 8, 2024 appeal, Mr. Johnson asserts, “[i]n the written response provided by the AGO dated January 7, 2025, AAG Rush does not claim the AGO is not in possession, custody or control of the requested public records - - - or, that if any other United States citizen had requested these specific public records (other than ‘Stevan Johnson’), the AGO would not have produced the public records respectfully requested on December 10, 2024 pursuant to and in accordance with Massachusetts law.” The AGO’s January 7th response In its January 7, 2025 response, the AGO stated, “... the AGO’s position concerning your requests for emails that you previously sent to this Office has not changed. As we have stated in multiple response letters to you over the years, these requests do not fall under the public records law and we decline to respond to them as such. We encourage you to locate the emails you sent to AGO employees in the ‘Sent’ folder of your email account.”

Hanne Rush, Esq. SPR25/0067 Page 3 January 23, 2025 The Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. G. L. c. 66, § 10. “Public records” is broadly defined to include all documentary materials or data, regardless of physical form, made or received by any officer or employee of any department of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Upon review, it is unclear how records received by the AGO are not public records and how the request falls outside of the Public Records Law. Further, it is uncertain if the AGO possesses the requested records. 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). The AGO is requested to clarify these matters. Conclusion Accordingly, the AGO is to provide Mr. Johnson 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. Mr. Johnson may appeal the substantive nature of the AGO’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Stevan Johnson