Jesse Grove v. Quincy, City of - Police Department (SPR 20252722)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 24, 2025 SPR25/2722 Lieutenant Terence McDonnell Inspector of Divisions Quincy Police Department 1 Sea Street Quincy, MA 02169 Dear Lieutenant McDonnell: I have received the petition of Jesse Grove, Esq. 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 March 31, 2025, Attorney Grove requested “[a]ny and all Quincy Police Reports authored by [ten identified officers] from January 1, 2020 to March 31, 2025, along with associated Quincy Police Arrest Booking Forms for each Report.” The Department responded on April 11, 2025, providing a fee estimate. Unsatisfied with the Department’s response, Attorney Grove petitioned this office and this appeal, SPR25/2722, 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

Lieutenant Terence McDonnell SPR25/2722 Page 2 September 24, 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 April 11th Response In its April 11, 2025 response, the Department assessed a fee of $4,113.80 to provide the responsive records. Current Appeal In his appeal petition, Attorney Grove stated: In order to meet the fee, I provided an allowed motion for funds to the Quincy Police Department on June 26, 2025, and at that time, I asked for more information on what redactions the keeper of records felt would be necessary. I also called and left a voicemail... Having received no response, I called and emailed again on August 11, 2025 asking if work had begun on processing these records and what redactions would be necessary. I again received no response. On this day, September 11, 2025, I again called and left a voicemail… and again sent an email, asking if work had begun and what redactions would be necessary. Since the initial response sent on April 11, 2025… I have received no response from the Quincy Police Department. In a telephone conversation with this office on September 22, 2025, the Department stated that it has not received the fee payment, but would begin working on producing the responsive records upon receipt of payment. Unclear Appeal Based on the information provided in the appeal petition and by the Department, I find that the basis of Attorney Grove’s appeal is unclear. Please be advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Additionally, Attorney Grove is advised that a records access officer may delay provision of records until all fees related to such requests are paid in full by the person seeking access to the requested records in accordance with 950 C.M.R. 32.07. See 950 C.M.R. 32.06(2)(f). This office encourages Attorney Grove and the Department to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Any revision to the request would result in the requirement to issue a revised fee estimate.

Lieutenant Terence McDonnell SPR25/2722 Page 3 September 24, 2025 Conclusion Accordingly, I will now consider this administrative appeal closed. If outstanding issues remain after Attorney Grove and the Department communicate further as described above, Attorney Grove may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jesse Grove, Esq.