Aguirre, Aleena v. Boston, City of - Police Department (SPR 20260898)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 27, 2026 SPR26/0898 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 Aleena Aguirre 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 March 7, 2026, Ms. Aguirre requested the following: [1] A complete copy of the Boston Police Department Offense/Incident Report associated with BPD Case #242060110 [2] Any 911 call recordings and related dispatch/CAD logs associated with the above incident reports [3] Any body-worn camera (body cam) footage recorded by responding officers related to BPD Case #242060110 and Incident Report I# 242059973[.] The Department responded on March 7, 2026 and March 10, 2026, and assigned the request reference number B000750-030726. Unsatisfied with the responses, Ms. Aguirre petitioned this office and this appeal, SPR26/0898, 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. 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 SPR26/0898 Page 2 March 27, 2026 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 March 7th and March 10th Responses In its March 7, 2026 response, the Department acknowledged receipt of the request stating, “[y]our request has been received and is being processed.” In its March 10, 2026 response, the Department stated, “In response to your request, a comprehensive search was conducted with the information you provided. We were unable to find any records that would be responsive to this request.” Current Appeal In her appeal petition, Ms. Aguirre states, “[t]he Offense/Incident Report previously provided by the Boston Police Department indicates that responding officers were wearing body- worn cameras. Based on that notation, it appears that responsive records may exist within the Department’s body-worn camera evidence system and/or related dispatch records. For that reason, we respectfully request review to ensure that all appropriate systems were searched and that any responsive records are produced if they exist.” Additional Records The Department is advised that 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). Further, 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 Ms. Aguirre appeal, it is unclear whether the Department possesses additional records responsive to the request. If the Department does possess additional 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”). The Department must clarify this matter.

Christine O’Donnell, Esq SPR26/0898 Page 3 March 27, 2026 Conclusion Accordingly, the Department is ordered to provide Ms. Aguirre with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Aguirre may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Aleena Aguirre