Brian McCarter v. Boston, City of - Police Department (SPR 20252769)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 29, 2025 SPR25/2769 Christine O’Donnell, Esq. Records Access Officer Boston Police Department 1 City Hall Square Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Brian McCarter appealing the response of the Boston 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 September 10, 2025, Mr. McCarter requested, “all Community CompStat presentations prepared, displayed, or distributed by the Boston Police Department at Community CompStat meetings in any district during August and September 2025…. Please provide the complete presentation materials (e.g., PowerPoint, slide deck, PDF, or other format) as displayed at each meeting.” The Department responded on September 10, and September 16, 2025, assigning the request reference number B002529-0910025. Unsatisfied with the Department’s responses, Mr. McCarter petitioned this office and this appeal, SPR25/2769, 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. Att’y 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 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. SPR25/2769 Page 2 September 29, 2025 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 September 10th and September 16th Responses In its September 10, 2025 response, the Department acknowledged receipt of Mr. McCarter’s request. In its September 16, 2025 response, the Department stated, “[w]e have reviewed our files and have located records that correspond to your request. These records have been released to the Public Records Center,” In a September 17, 2025 correspondence to the Department, Mr. McCarter stated, “[b]ased on the information I have, there are likely additional Community CompState slide decks within the timeframe … could you please clarify the search that has been conducted and confirm whether additional responsive records exist?” Current Appeal In his September 20, 2025 petition to this office, Mr. McCarter stated, “[t]his is an appeal of the City of Boston’s final response dated September 16, 2025, to my public records request. I appeal on the grounds that the City failed to conduct a complete search and did not produce all existing responsive records. The City also did not respon[d] to my September 17, 2025 follow- up, in which I asked for clarification of the search conducted…” Based on Mr. McCarter’s petition and the Department’s responses, it is unclear whether the Department possesses additional responsive records. 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). Consequently, the Department must clarify whether it possesses additional responsive records. Conclusion Accordingly, the Department is ordered to provide Mr. McCarter 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. McCarter may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Christine O’Donnell, Esq. SPR25/2769 Page 3 September 29, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Brian McCarter