Andrew Ryan v. Boston, City of - Police Department (SPR 20250453)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 3, 2025 SPR25/0453 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 December 19, 2024, Mr. Ryan requested the following records relating to ... [three identified] Boston Police Officers: [1] Any document such as a roster card showing the assignment history for each officer. [2] Copies of all complaints – both internal and external – regarding each officer. [3] Copies of all internal affairs files for each officer’s entire career. [4] Records showing dates any of the officers were placed on unpaid leave and the corresponding dates they were removed from unpaid leave and returned to the active payroll. If any of the officers are currently on unpaid leave, please provide records that indicate that. [5] Records showing dates any of the officers were placed on paid leave and the corresponding dates they were removed from paid leave and returned to the active payroll. If any of the officers are currently on paid leave, please provide records that indicate that. The Internal affairs files should include the following cases and any others IA or anti-corruption cases targeting the officers listed above. The Department responded on January 10, 2025. Unsatisfied with the response, Mr. Ryan petitioned this office and this appeal, SPR25/0453, was opened as a result. The Department assigned reference number R005307-121924 to the request. 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. SPR25/0453 Page 2 Maarch 3, 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 January 10th response In its January 10, 2025 response, the Department stated, “[t]he person that gets me IA reports from the Internal Affairs unit mother died and he took time off. I have not received anything from him.” In response to Mr. Ryan’s question if there was anyone else who could assist, the Department further stated, “I’m sure there is. I’ll check.” Based on Department’s response, it is unclear if the Department possesses any records responsive to the request. 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 if responsive records exist. 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).

Christine O’Donnell, Esq. SPR25/0453 Page 3 Maarch 3, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Andrew Ryan