Brandon Stokes v. Boston, City of - Police Department (SPR 20251557)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 17, 2025 SPR25/1557 Christine O’Donnell, Esq. Assistant Corporation Counsel Boston Police Department 1 City Hall Square, Room Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Brandon Stokes, of 7NEWS WHDH Boston, 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 May 20, 2025, Mr. Stokes requested, “BPD bodycam video of the arrest of [an identified individual] on 5/15/25.” The Department provided a response on May 20, 2025, assigning the request reference number B001386-052025. Unsatisfied with the Department’s response, Mr. Stokes petitioned this office and this appeal, SPR25/1557, 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. 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. SPR25/1557 Page 2 June 17, 2025 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 May 20th response In its May 20, 2025 response, the Department cited Exemptions (a) and (f) of the Public Record Law to withhold the requested record. Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. In its May 20th response, the Department cited G. L. c. 41, § 97D, which provides in pertinent part: All reports of rape and sexual assault or attempts to commit such offenses, all reports of abuse perpetrated by family or household members, as defined in section 1 of chapter 209A, and all communications between police officers and victims of such offenses or abuse shall not be public reports and shall be maintained by the police departments in a manner that shall assure their confidentiality…

Christine O’Donnell, Esq. SPR25/1557 Page 3 June 17, 2025 G. L. c. 41, § 97D. In its response, the Department stated, All records associated with this incident/investigation are being withheld under the so called statutory exemption to the public records law. The records, BWC video are being withheld in their entirety because said records involve officers responding to an alleged incident of domestic violence and as such, the Department is prohibited from releasing them by statute. The statute prohibits public disclosure of all records containing allegations of sexual assault or domestic violence. G. L. c. 41, § 97D; G. L. c. 41, § 98F; G. L. c. 209A, § 8; G. L. c. 4 §7(26)(a). Based on the Department’s May 20th response, and as the record is restricted from disclosure in its entirety by the Legislature under G. L. c. 41, § 97D, as it operates through Exemption (a), I find the Department has met its burden in responding to this request under the Public Records Law. See G. L. c. 41, § 97D (providing that all reports and all communications between police officers and victims of such offenses or abuse “shall not be public reports and shall be maintained by the police departments in a manner that shall assure their confidentiality”). Where the Department has met its burden to withhold the record under G. L. c. 41, § 97D, I decline to opine on the applicability of the statutes, G. L. c. 41, § 98F and G. L. c. 209A, § 8, and Exemption (f) to withhold the requested record. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Stokes is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Brandon Stokes