James Murphy v. Quincy, City of - Police Department (SPR 20251601)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 20, 2025 SPR25/1601 Lieutenant Terence McDonnell Inspector of Divisions Quincy Police Department 1 Sea Street Quincy, MA 02169 Dear Lieutenant McDonnell: I have received the petition of James Murphy appealing the response of the Quincy 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 16, 2025, Mr. Murphy requested the following: [1] [T]he names and business addresses of and all reports of, the medical professional involved with [two identified] police officer[s] in the detainment and subsequent placement into custody of [an identified individual] on May 13, 2025 at [a specified address], including all video and audio documentation of the incident. Subsequently, on May 19, 2025, Mr. Murphy requested the following: [1] [A] copy of the 911 call made by [an identified individual] on May 13, 2025 at approximately 11:15 am seeking assistance from the Department at the Quincy Public Lands concerning a trespasser at [a specified address]. [2] [A] copy of ALL reports created by [an identified] police officer on May 13, 2025, including all audio and video from any body cams or his police vehicle video camera during the entire incident. [3] [A] copy of ALL reports created by [an identified] police officer on May 13, 2025, including all audio and video from any body cams or his police vehicle video camera during the entire incident at [a specified address]. [4] [A] copy of ALL reports created by [an identified] police officer as a result of their Section 12[A] of [an identified individual] on May 13, 2025, including all 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

Lieutenant Terence McDonnell SPR25/1601 Page 2 June 20, 2025 audio and video from any body cams or their vehicle video camera or another image capturing device during the entire incident at the Quincy Public Lands… [5] [A] copy of ALL reports created by [an identified] police officer as a result of [the] Section 12[A] of [an identified individual] on May 13, 2025, including all audio and video from any body cams or their vehicle video camera or another image capturing device during the entire incident at the Quincy Public Lands… [6] [A] copy of ALL reports created by [an identified] police officer on May 13, 2025, including all audio and video from any body cams or their police vehicle video camera during the entire incident… [7] [A] copy of ALL reports created by [an identified] police officer as a result of [the] Section 12[A] of [an identified individual] on May 13, 2025, including all audio and video from any body cams or their vehicle video camera or another image capturing device during the entire incident at the Quincy Public Lands… The Department provided a response on May 29, 2025. Unsatisfied with the Department’s response, Mr. Murphy petitioned this office and this appeal, SPR25/1601, 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. See 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. See 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.

Lieutenant Terence McDonnell SPR25/1601 Page 3 June 20, 2025 The Department’s May 29th Response In its May 29, 2025 response, the Department stated the following: [1] Record enclosed for Incident #25… (note: video and audio documentation absent as the Department does not utilize such technology)[;] [2] Record enclosed for Incident #25… (note: video and audio documentation absent as the Department does not utilize such technology)[;] [3] Record enclosed (disk)[;] [4] Record enclosed for Incident #25…[;] [5] No responsive records as [identified] officer did not create a “report” on May 13, 2025 and the Department does not utilize audio and video technology in the field[;] [6] No responsive records as [identified] officer did not create a “report” related to Incident #25… and the Department does not utilize audio and video technology in the field[;] [7] ] No responsive records as [identified] officer did not create a “report” related to Incident #25… and the Department does not utilize audio and video technology in the field[;] [8] ] No responsive records as [identified] officer did not create a “report” related to Incident #25… and the Department does not utilize audio and video technology in the field[;] [9] ] No responsive records as [identified] officer did not create a “report” related to Incident #25… and the Department does not utilize audio and video technology in the field[.] Current Appeal In his appeal, Mr. Murphy stated, “…I hereby Appeal that denial and request a hearing be held to determine what is available records in this matter. The only items I received were copies of the 9 information requests I sent the [Department] and a blank CD disk with nothing on it.” With regard to Mr. Murphy’s claim that the CD disk is blank, I encourage Mr. Murphy and the Department to communicate further in order to resolve any outstanding issues regarding the format of the record(s).

Lieutenant Terence McDonnell SPR25/1601 Page 4 June 20, 2025 No Duty to Create Records Please be advised, under the Public Records Law, a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). In a June 17, 2025 telephone conversation between a staff attorney of the Public Records Division and the Department, the Department confirmed it has no additional records responsive to Mr. Murphy’s requests. Conclusion Where the Department has confirmed that it does not possess additional records responsive to Mr. Murphy’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If unresolved issues remain after Mr. Murphy and the Department communicate further as described above, Mr. Murphy may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: James Murphy