Landais, Samuel v. Boston, City of - Police Department (SPR 20260074)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 22, 2026 SPR26/0074 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 Samuel Landais 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 November 27, 2025, Mr. Landais requested “…BWC footage from Officers ... on 9/24/2022 between 8:30 am to 11:00 am as it relates to their response to ... Floyd St that day. [An identified Sergeant] was able to show me a copy of the incident report in the days following. I would also like a copy of that.” Previous Appeal This request was the subject of a previous appeal. See SPR25/3762 Determination of the Supervisor of Records (December 31, 2025). In my December 31st determination, I ordered the Department to provide Mr. Landais with a response to his records request. The Department responded on January 5, 2026. Unsatisfied with the Department’s response, Mr. Landais petitioned this office and this appeal, SPR26/0074, 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. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also 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. SPR26/0074 Page 2 January 22, 2026 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. If there are any fees associated with a response a written, good faith estimate must be provided. See 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 January 5th Response In its January 5, 2026 response, the Department stated, “[w]e have reviewed our files and have located records that correspond to your request. There were videos from [three identified police officers]. These records have been released to the Public Records Center.” Current Appeal In his January 8, 2026 appeal to this office, Mr. Landais stated, “[o]n 1.5.2[6], I was given BWC footage from only 3 of the four officers involved, with no mention of the police report…The omitted footage and incident report are crucial in demonstrating the entirety of what transpired that day and the inaction committed on behalf of the police department…The incident report itself was shown to me by [an identified Sergeant] in the days following the incident on 11/27/2025…” Additional Records Based on Mr. Landais petition and the Department’s response, 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. Landais 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. Landais 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. SPR26/0074 Page 3 January 22, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Samuel Landais