Ollie J. Spears v. Fall River, City of - Police Department (SPR 20252782)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 6, 2025 SPR25/2782 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.” Prior Appeal This request was the subject of a prior appeal. See SPR25/2600 Determination of the Supervisor of Records (September 16, 2025). In my September 16th determination, I found that it was unclear if the Department possesses any records responsive to the request. The Department responded on September 22, 2025. Unsatisfied with the response, Mr. Spears petitioned this office and this appeal, SPR25/2782, 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. 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 SPR25/2782 Page 2 October 6, 2025 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 September 22nd Response In its September 22, 2025 response, the Department stated, “[t]his email is to inform you that body worn camera video footage will be sent to you in the next day or so. You will notice that video only contains the portion that involves yourself.” Current appeal In his September 23, 2025 appeal, Mr. Spears states, “I request all body camera footage from the moment officers first entered my property at . . . N Main St, Fall River, MA 02720, from the street, continuing through their entrance into my house (dwelling), and until all officers left my property line. I also request the video footage of when an officer returned to my side door and spoke with my wife. I am requesting all body camera footage recorded at . . . N. Main St., Fall River, MA, during the incident Ref: 25-2302-AR and Docket # 2532CR003054 on August 15, 2025. The Department’s partial release indicates that responsive records do exist, yet they have not provided the complete footage as legally required. I request your office’s continued assistance in ensuring full compliance with the Public Records Law.” Based on Mr. Spears’ claims, in conjunction with the Department’s response, it is unclear if the Department possesses any additional 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 additional 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 SPR25/2782 Page 3 October 6, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Ollie Jay Spears