Andrew Ryan v. Boston, City of - Police Department (SPR 20250451)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 28, 2025 SPR25/0451 Christine O’Donnell, Esq. Assistant Corporation Counsel Boston Police Department One City Hall Square Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Andrew Ryan, of the Boston Globe, 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 15, 2024, Mr. Ryan requested the following records: [1] A digital copy of the entire Scanned Final Search Warrant Packet for following search warrants: a. 1801SW140 – Search Warrant 140 of 2018 in Boston Municipal Court Central Division – Honda Accord (MA reg 5GY111); [an identified individual]; Issued 12/10/2018; Executed 12/12/2018 b. 1801SW141 – Search Warrant 141 of 2018 in Boston Municipal Court Central Division –Nissan Rogue (LA reg ... Honda Accord (MA reg ... [an identified individual]; Issued 12/10/2018; Executed 12/12/2018 [2] A digital copy of all communication (email, text, other) between [an identified] Officer and [an identified individual] regarding the two search warrants described above. [3] A digital copy of all communication (email, text, other) between [an identified] Officer and [an identified individual] or anyone else at the Suffolk DA’s office regarding the two search warrants described above. The Department responded on December 4, 2024. Unsatisfied with the response, Mr. Ryan petitioned this office and this appeal, SPR25/0451, was opened as a result. 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

Christine O’Donnell, Esq. SPR25/0451 Page 2 February 28, 2025 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. The Department’s December 4th response In its December 4, 2024 response, the Department provided the reference number R004742-111524 for this request and stated, “[d]o you have the CC# for these warrants? The 1901SW140 and 141 are #’s the court uses and not the BPD. I was unable to find the incident searching by those #’s.” Current appeal In his appeal, Mr. Ryan states, “I’m writing to appeal the nonresponse of the record request below.” In his response to Boston asking for clarification, Mr. Ryan advised, “I did not have the request info from the department but provide[d] them some additional information. See attached.” Possession, Custody, or Control The Department 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). Based on the Department’s response, it remains unclear whether the Department possesses records responsive to Mr. Ryan’s request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or

Christine O’Donnell, Esq. SPR25/0451 Page 3 February 28, 2025 portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Ryan with a response, 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. Mr. Ryan may appeal the substantive nature of the Department’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Andrew Ryan