Balbaky, Salim v. Quincy, City of - Police Department (SPR 20261259)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 22, 2026 SPR26/1259 Lieutenant David P. Pacino Records Access Officer Quincy Police Department 1 Sea Street Quincy, MA 02169 Dear Lieutenant Pacino: I have received the petition of Salim Balbaky appealing the response of the Quincy 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 21, 2026, Mr. Balbaky requested the following: [A]ll policies, procedures, directives, manuals, and training materials in effect on or about June 2, 2020, relating to: [1] Use of force, including levels of force and reporting requirements[;] [2] Arrest procedures, including custodial arrest protocols[;] [3] Investigation of domestic disturbances or domestic violence incidents[;] [4] On-scene investigation practices, including witness identification and interviews[;] [5] Handling of individuals who are injured, impaired, or in a diminished condition at the time of police contact[;] To the extent available, please include: [1] General Orders and Standard Operating Procedures (SOPs)[;] [2] Training bulletins or instructional materials provided to officers[;] [3] Any written guidance governing officer decision-making in the above categories… The Department provided a response on April 6, 2026. Unsatisfied with the Department’s response, Mr. Balbaky petitioned this office and this appeal, SPR26/1259, was opened as a result. 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

Lieutenant David P. Pacino SPR26/1259 Page 2 April 22, 2026 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. 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 April 6th Response In its April 6, 2026 response, the Department provided records. Current Appeal In his April 7, 2026 appeal, Mr. Balbaky stated the following: … As stated in the original request, I sought policies, procedures, directives, manuals, written guidance, and training materials in effect on or about June 2, 2020 relating to use of force, arrest procedures, investigation practices, witness identification, and the handling of injured or impaired individuals. This request includes all written guidance, manuals, directives, and instructional materials governing officer conduct and decisionmaking, whether or not formally designated as “policy.” The Department’s production consists exclusively of policy documents dated approximately 2024 through 2026. It does not include a single policy, procedure, directive, manual, written guidance document, or training material in effect at or near June 2, 2020. …In addition, the production omits entire categories of records expressly requested…

Lieutenant David P. Pacino SPR26/1259 Page 3 April 22, 2026 Based on Mr. Balbaky’s petition, it is unclear whether the Department possesses additional responsive 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). However, 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). To the extent that responsive 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). Conclusion Accordingly, the Department is ordered to provide Mr. Balbaky 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. Mr. Balbaky 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: Salim Balbaky