Coleman, Rory v. Boston, City of - Police Department (SPR 20260443)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 18, 2026 SPR26/0443 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 January 23, 2026, Mr. Coleman requested “[a]ll Boston Police Department Internal Affairs Division case files from January 1, 2018 to present where [an identified individual] is the subject of an IAD investigation. If no IAD investigations have been opened against [an identified individual] during this period, please confirm in writing.” The Department responded on February 2, 2026, and assigned reference number B000279-012326 to this request. Unsatisfied with the Department’s response, Mr. Coleman petitioned this office and this appeal, SPR26/0443, 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. 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. SPR26/0443 Page 2 February 18, 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 February 2nd Response On February 2, 2026, the Department stated, “the Department provided cover letters and Lt./Sgt. Reports under B003578-121125.” Current Appeal In his appeal petition, Mr. Coleman contends: The Department cannot satisfy this request by cross-referencing a different PRR (B003578-121125) whose response is itself incomplete and the subject of a separate appeal. PRR B000279-012326 is a standalone request for complete IAD case files where [an identified individual] is the subject. Cover letters and lieutenant’s/sergeant’s reports are summaries, not complete case files. If the Department’s position is that no IAD investigations exist where [an identified individual] is the subject, it should state that clearly. If IAD investigations do exist, the complete files must be produced or specific exemptions cited. The current response does neither. Additional 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). 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 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). Based on issues raised in Mr. Coleman’s appeal, it is unclear whether the Department possesses additional responsive records. Specifically, the Department must clarify whether it possesses “Boston Police Department Internal Affairs Division case files … where [an identified individual] is the subject of an IAD investigation.” To the extent that additional records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The Department must clarify this matter.

Christine O’Donnell, Esq. SPR26/0443 Page 3 February 18, 2026 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