Yarborough, Mary v. Boston, City of - Police Department (SPR 20260586)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 3, 2026 SPR26/0586 Christine O’Donnell, Esq. Assistant Corporation Counsel Office of the Legal Advisor Boston Police Department 1 City Hall Square Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Mary C. Yarborough 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 26, 2026, Ms. Yarborough requested, “[a]ny and all BPD Field Interrogation and Observation (FIO) Records of all field contacts between the Boston Police Department and [an identified individual] dating from 03/01/2023 to 01/25/2026.” The Department provided a response on January 27, 2026, assigning the request reference number B000303-012626. Unsatisfied with the Department’s response, Ms. Yarborough petitioned this office and this appeal, SPR26/0586, 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. SPR26/0586 Page 2 March 3, 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 January 27th Response In its January 27, 2026 response, the Department stated, “[w]e have reviewed our files and have located records that correspond to your request. These records are located on Analyze Boston: https://data.boston.gov/dataset/boston-police-department-fio[.]” Current Appeal In her January 31, 2026 petition to this office, Ms. Yarborough stated the following: [T]his response did not fulfill my request for three reasons. First, although the response provided a table of all FIOs for some of the time requested, the table does not allow me in any way to identify the FIOs involving contacts with [an identified individual]. The subject of the FIO is not named in the table, and it is redacted in the narrative section. As it is impossible to identify the FIOs in the table that involve [an identified individual], BPD failed to provide the requested information. Second, the table lacks other important information that would be available in the requested FIOs… Finally, the response did not fulfill my request because I was not provided with any information on FIOs from 01/01/2025 to 01/25/2026. 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 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 the Department’s response, in conjunction with Ms. Yarborough’s appeal petition, I find that it is unclear whether the Department possesses records responsive to this request. Specifically, it is unclear whether the Department is in possession of records for the time period of “1/01/2025 to 01/25/2026” and “FIOs…that involve [an identified individual].” The Department must clarify this matter.

Christine O’Donnell, Esq. SPR26/0586 Page 3 March 3, 2026 Conclusion Accordingly, the Department is ordered to provide Ms. Yarborough 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. Ms. Yarborough 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: Mary C. Yarborough