Coleman, Rory v. Boston, City of - Police Department (SPR 20260407)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 19, 2026 SPR26/0407 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 Rory M. Coleman 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 December 11, 2025, Mr. Coleman requested: Requesting records for [two identified officers]: [1] All Giglio/Brady disclosure lists, impeachment material compilations, or credibility notifications provided to the Suffolk County District Attorney’s Office involving these officers[;] [2] All documents reflecting these officers’ participation in identifying any suspect from video surveillance footage in a Roxbury shooting investigation involving an individual … where the identified person was later cleared or determined not to be the perpetrator[;] [3] All photo array procedures, video identification procedures, show-up identification forms, and identification training records for these officers[;] [4] All internal reviews, after-action assessments, corrective actions, or disciplinary proceedings involving these officers arising from any wrongful identification, false arrest, or credibility determination[;] [5] All sustained IAD findings, disciplinary actions, written reprimands, suspensions, or adverse personnel actions involving these officers. Previous Appeal The requested records were the subject of a previous appeal. See SPR26/0253 Determination of the Supervisor of Records (February 5, 2026). In my February 5th determination, I learned the Department provided Mr. Coleman with a supplemental response. 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. SPR26/0407 Page 2 February 19, 2026 The Department responded on February 4, 2026, and assigned reference number B003578- 121125 to this request. Unsatisfied with the Department’s response, Mr. Coleman petitioned this office and this appeal, SPR26/0407, 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. 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 February 4th Response On February 4, 2026, the Department stated, “[t]here are no reports on these officers. The Department does not have records responsive to this part of the request in its care, custody, or control.” Current Appeal In his appeal petition, Mr. Coleman contends, “[t]he Department’s response addressed only Part 1 of a five-part request and was entirely silent on Parts 2 through 5.” Records in Existence 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, 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).

Christine O’Donnell, Esq. SPR26/0407 Page 3 February 19, 2026 In this case, based on the Department’s response, and the information provided in Mr. Coleman’s appeal petition, it is unclear whether the Department possesses records responsive to Items 2 through 5 of the request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Mr. Coleman 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. Coleman may further 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: Rory M. Coleman