James Murphy v. Quincy, City of - Police Department (SPR 20252547)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 10, 2025 SPR25/2547 Lieutenant Terence McDonnell Public Information Officer 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 June 4, 2025, Mr. Murphy requested “...a copy of all video surveillance of [an identified individual] entering and leaving the Quincy Police Station at [a specified address] on May 19, 2025 at approximately 11:30 am.” Prior Appeal This request was the subject of a prior appeal. See SPR25/1770 Determination of the Supervisor of Records (June 25, 2025). In my June 25th determination, I learned that the Department provided Mr. Murphy with a response on June 25, 2025. Unsatisfied with the response, Mr. Murphy petitioned this office and this appeal, SPR25/2547, 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 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 SPR25/2547 Page 2 September 10, 2025 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 June 25th Response In its June 25, 2025 response, the Department stated, “[r]esponsive records relating to this appeal have been mailed to Mr. Murphy on this date (6/25/2025).” Current appeal In his August 27, 2025 appeal, Mr. Murphy states “[s]ince then I received a CD. Enclosed please find a CD which is a video of the lobby entry and exit instead of the outside of the Quincy Police Station…showing me entering and leaving the Quincy Police Station as requested…” Based on a September 10, 2025 conversation between a staff attorney in the Public Records Division and the Department, the Department confirmed that the video provided does show Mr. Murphy entering the building via the lobby, not the outside entrance, and the Department further clarified that the retention period for the surveillance video of the outside of the building had passed and it is no longer available. Based on the Department’s response, indicating that the record is no longer available, I find that the Department must demonstrate whether it followed proper records retention protocol. The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Murphy with a response to the request, 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. Murphy may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Lieutenant Terence McDonnell SPR25/2547 Page 3 September 10, 2025 Sincerely, Manza Arthur Supervisor of Records cc: James Murphy