Anim, Bernard v. Boston, City of - Police Department (SPR 20260141)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 28, 2026 SPR26/0141 Christine O’Donnell, Esq. Assistant Corporation Counsel Boston Police Department 1 City Hall Square Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Bernard Anim 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 22, 2025, Mr. Anim requested, “…copies of the Body-Worn Camera (BWC) footages from each of these two officers, including pre-arrival and post- departure segments.” The Department responded on September 26, 2025, and assigned reference number B002356-082225 to this request. Unsatisfied with the Department’s response, Mr. Anim petitioned this office and this appeal, SPR26/0141, 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 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

Christine O’Donnell, Esq. SPR26/0141 Page 2 January 28, 2026 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 26th Response In its September 26, 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.” Current Appeal In his appeal petition, Mr. Anim contends, “…the RAO issued a response releasing BWC footage from [an identified Officer] only. … In the absence of clarification regarding [the second identified Officer’s] BWC footage, it is not possible to determine whether Request No. B002356-082225 has been fully and properly addressed.” Additional Records Based on the Department’s response and in conjunction with the information provided in Mr. Anim’s appeal, it is unclear if the Department possesses additional records responsive to the request. Specifically, it is unclear whether the Department possesses BWC footage from the second Officer described in Mr. Anim’s 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). 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. Conclusion Accordingly, the Department is ordered to provide Mr. Anim 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. Anim may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1).

Christine O’Donnell, Esq. SPR26/0141 Page 3 January 28, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Bernard Anim