Bay State Body Cam v. Boston, City of - Police Department (SPR 20251946)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 17, 2025 SPR25/1946 Christine O’Donnell, Esq. Assistant Corporation Counsel Office of the Legal Advisor Boston Police Department 1 City Hall Square Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Bay State Body Cam (requestor) appealing the response of the Boston Police Department (Department) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 25, 2025, the requestor sought: [S]pecific records related to the January 3, 2024 incident involving the arrest of a 15-year-old in possession of a firearm in the Back Bay, as outlined in the Boston Police Department’s public release … Body-worn camera footage from the primary officer involved, beginning shortly before first contact with the suspect and continuing through to the moment the suspect is placed into the vehicle. In a second request on April 13, 2025, the requestor sought: [S]pecific records related to the October 25, 2023 armed robbery incident in the Robin Hood Street area of Roxbury and the subsequent arrests made on January 18, 2024, … Body-worn camera footage from the primary officer(s) involved, beginning shortly before first contact with each suspect and continuing through to the moment each suspect is placed into the police vehicle. The booking photos of [two identified individuals] arrested in connection with this incident. Prior Appeals These requests were the subject of prior appeals. See SPR25/1050 Determination of the Supervisor of Records (April 17, 2025) and SPR25/1287; SPR25/1290 Determination of the Supervisor of Records (May 21, 2025). In my May 21st determination, I found that the 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. SPR25/1946 Page 2 July 17, 2025 Department had not met its burden to withhold responsive records in their entirety pursuant to Exemption (a) of the Public Records Law. The Department responded on July 3, 2025 and assigned the requests the reference numbers R001680-033125 and R001919-041325, respectively. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR25/1946, 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. The Department’s July 3rd Response In its July 3, 2025 response, the Department reiterated its position that the responsive records were exempt in their entirety pursuant to Exemption (a) of the Public Records Law. Current Appeal In the July 7, 2025 petition to this office, the requestor contended that the responsive records were not exempt from disclosure in their entirety under Exemption (a). 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.

Christine O’Donnell, Esq. SPR25/1946 Page 3 July 17, 2025 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, 54 (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. Care and Protection Proceedings; Daily Police Logs In its July 3rd response, the Department relied upon G. L. c. 119, §§ 38, 60A, and 65, and G. L. c. 41, § 98F, which provide in pertinent part: All hearings under sections 1 to 38A, inclusive, except those related to court orders to not resuscitate or to withdraw life-sustaining medical treatment for children in the custody of the department under a care and protection order, shall be closed to the general public. It shall be unlawful to publish the names of persons before the court in any closed hearing. G. L. c. 119, § 38. The records of a youthful offender proceeding conducted pursuant to an indictment shall be open to public inspection in the same manner and to the same extent as adult criminal court records. All other records of the court in cases of delinquency arising under sections fifty-two to fifty-nine, inclusive, shall be withheld from public inspection except with the consent of a justice of such court; provided, however, that such records shall be open, at all reasonable times, to inspection by the child proceeded against, his parents, guardian or attorney … G. L. c. 119, § 60A. Courts shall designate suitable times for the hearing of cases of children under 18 years of age, which shall be called the juvenile session, for which a separate

Christine O’Donnell, Esq. SPR25/1946 Page 4 July 17, 2025 docket and record shall be kept. Said session shall be separate from that for the trial of criminal cases, shall not, except as otherwise expressly provided, be held in conjunction with other business of the court, and shall be held in rooms not used for criminal trials; and in places where no separate juvenile courtroom is provided, hearings, so far as possible, shall be held in chambers. The court shall exclude the general public from juvenile sessions admitting only such persons as may have a direct interest in the case, except in cases where the commonwealth has proceeded by indictment. A complaint under section sixty-three may be heard in such juvenile session. G. L. c. 119, § 60A. Each police department and each college or university to which officers have been appointed pursuant to section 63 of chapter 22C shall make, keep and maintain a daily log, written in a form that can be easily understood, recording, in chronological order, all responses to valid complaints received, crimes reported, the names, addresses of persons arrested and the charges against such persons arrested. All entries in said daily logs shall, unless otherwise provided in law, be public records available without charge to the public during regular business hours and at all other reasonable times; provided, however, that the following entries shall be kept in a separate log and shall not be a public record nor shall such entry be disclosed to the public, or any individual not specified in section 97D: … (iv) any entry concerning the arrest of a person who has not yet reached 18 years of age. G. L. c. 41, § 98F. In its response, the Department stated: These statutes protect the identity of juveniles and expressly make records or proceedings involving juveniles nonpublic. These statutes show an intent by the state legislature to protect the juvenile population so that this population is not burdened and does not suffer collateral damage to their reputation in the future by incidents that occurred in their youth. The second part of Exemption A allows for an exemption by necessary implication. Because these statutes expressly exempt juvenile records and proceedings from public disclosure, it follows that by necessary implication, the requested records are also exempt because they relate to juveniles. Therefore, the requested records are records that are exempt under Exemption A. Based on the Department’s response, it remains unclear how the responsive records are the type of records contemplated by the cited states. Further, the Department has not demonstrated that the above referenced statutes by necessary implication permit it to withhold the responsive records from disclosure. Consequently, I find that the Department has not met its

Christine O’Donnell, Esq. SPR25/1946 Page 5 July 17, 2025 burden to withhold the responsive records under Exemption (a) of the Pubic Records Law. See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). Conclusion Accordingly, the Department is ordered to provide the requestor 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. The requestor may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Bay State Body Cam Sergeant John T. Boyle