Daniel J. Collins v. Boston, City of - Police Department (SPR 20253631)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2025 SPR25/3631 Christine O’Donnell, Esq. Assistant Corporation Counsel Boston Police Department 1 City Hall Square, Room Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Daniel J. Collins, of Level Investigations of New England, Inc., 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 August 3, 2025, Mr. Collins requested for an incident date of 6/6/2023, “... all incident reports, investigative reports, witness statements, interview reports and transcripts, audio and video recordings, photographs, diagrams body worn cameras, 911 call and recordings and all other items related to the death of an [identified individual].” The Department responded on August 3, 2025, and assigned reference number B002147- 080325 to the request. The Department further responded on August 26, 2025, September 26, 2025, October 8, 2025, October 10, 2025 and October 14, 2024. Unsatisfied with the Department’s responses, Mr. Collins petitioned this office and this appeal, SPR25/3631, 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 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. SPR25/3631 Page 2 December 22, 2025 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 Responses In its August 3, 2025 response, the Department acknowledged receipt of the request. In its August 26, 2026 response, the Department stated, “I am still working to obtain records and will need additional time. I will update this request as soon as received.” In its September 26, 2025 response, the Department stated, “I just released the body worn camera footage. Please advise if there are any additional records that you need.” In its October 8, 2025 response, the Department indicated, “[y]ou can get the incident report at policereport@pd.boston.gov. There are quite a bit of photos. We are in the process of uploading.” In its October 10, 2025 response, the Department stated, “[a]ttached is the report you requested, but the 911 call log request must go through another dept ...” In its October 14, 2025 response, the Department stated, “... after reviewing with my Mgr, attached are all 911 calls to . . . Durham St from 1/1/2014 to present, I don’t have access to anything older, you will need to go to our website police.boston.gov and make a Public Records Request from May 2000 to December 31, 2013.” Current appeal In his December 9, 2025 appeal, Mr. Collins asserts, “I made a request on August 3, 2025 and have not received all the documents or files requested or even all the things I was told exist and were being processed. I last heard from Boston Police on October 8, 2025 when they advised they were in the process of uploading photos. I’ve followed up a few times since then but they have stopped responding.” Based on Mr. Collins’s claims, in conjunction with the Department’s responses, it is unclear if the Department possesses any additional records responsive to the 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 additional records exist.

Christine O’Donnell, Esq. SPR25/3631 Page 3 December 22, 2025 Conclusion Accordingly, the Department is ordered to provide Mr. Collins with a response to his 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. Collins may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Daniel J. Collins