Archive, Iran v. Boston, City of - Police Department (SPR 20260622)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 4, 2026 SPR26/0622 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 Iran Archive (requestor) 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 28, 2025, the requestor sought the following records related to “the death of [an identified individual] which occurred on or about January 4, 2011”: [1] The full Police Incident Report (Form 1.1. or equivalent)[;] [2] Any notes regarding a “Last Will and Testament” or “Suicide Note” found at the scene[;] [3] The Cremation Authorization Form signed by the next of kin. The Department provided responses on December 28, 2025 and January 16, 2026, assigning the request reference number B003701-122825. Previous Appeal This request was the subject of a previous appeal. See SPR26/0176 Determination of the Supervisor of Records (February 2, 2026). In my February 2nd determination, I ordered the Department to clarify whether it possessed responsive records. The Department provided a response on February 3, 2026. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR26/0622, 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 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. SPR26/0622 Page 2 March 4, 2026 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 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 February 3rd Response In its February 3, 2026 response, the Department stated, “…[t]he Department will conduct another search of its records and will provide a response by February 13, 2026.” Current Appeal In the requestor’s February 24, 2026 appeal to this office, the requestor stated, “[o]n February 2, 2026, your office issued a clear order (SPR26/0176) directing the Department to review its files and respond. Following your order, [the Department] explicitly promised a response by February 13, 2026. The Department failed to meet its own deadline….As of today, February 24, the Department has completely ignored this final deadline…” Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein.

Christine O’Donnell, Esq. SPR26/0622 Page 3 March 4, 2026 G. L. c. 66, § 10(b)(vi). Where the requestor submitted their request on December 28, 2025, and the Department has not provided responsive records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Department must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Department is ordered to provide the requestor 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. The requestor 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: Iran Archive