Ollie J. Spears v. Fall River, City of - Police Department (SPR 20252600)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 16, 2025 SPR25/2600 Amanda Matton Records Clerk Fall River Police Department 685 Pleasant Street Fall River, MA 02721 Dear Ms. Matton: I have received the petition of Ollie Jay Spears appealing the response of the Fall River 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 August 15, 2025, Mr. Spears requested, “... copies of all body-worn camera footage from the following [identified] officers in connection with incident Ref: 25-2302- AR and Docket # 2532CR003054 Date of Incident August 15, 2025 ... Location Riverside Gas Station Address 1101 N Main St, Fall River, MA.” The Department responded on August 18, 2025; September 2, 2025 and September 3, 2025. Unsatisfied with the responses, Mr. Spears petitioned this office and this appeal, SPR25/2600, 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

Amanda Matton SPR25/2600 Page 2 September 16, 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. Current appeal In his appeal, Mr. Spears asserts, “[o]n August 15, 2025, when I questioned an officer several times in my living room, the officer repeatedly stated that everything was being recorded on his body camera and that I could gain access to this footage. However, the Fall River Police Department is now refusing to allow me access to this publicly funded police body camera footage. I would like to request your assistance in obtaining this record, as I believe I am entitled to it under the Massachusetts public records law.” The Department’s September 3rd Response In its September 3, 2025 response, the Department stated, “[t]he Fall River Police Department received a public records request from you on August 15, 2025. The Fall River Police Department has reviewed its files and has located & prepared the records you requested. Please log in to the Fall River Police Records Unit at the following link to retrieve the responsive records. The link below will bring you to what we are able to release to you by law.” Despite this response, Mr. Spears indicates in his appeal that the requested body-worn camera footage has not been provided. Based on Mr. Spears’ claim, in conjunction with the Department’s response, it is unclear if the Department possesses any records responsive to his 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 whether any responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Spears 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. Mr. Spears may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Amanda Matton SPR25/2600 Page 3 September 16, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Ollie Jay Spears