Herman, Colman v. Boston, City of - Mayor's Office (SPR 20150737)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 20, 2015 SPRlS/737 Mr. George T. Bahnan City of Boston Law Department City Hall, Room 615 Boston, MA 02201 Dear Mr. Bahnan: I have received the petition of Colman Herman appealing the response of the City of Boston Mayor's Office (City) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of communications regarding the fifth floor kitchen at City Hall and Mayor Martin J. Walsh's text messages related to the 2024 Olympics. Timeliness of response Mr. Herman informed this office that the City failed to respond to his request within ten ( 10 ) days. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) days of the request. G. L. c. 66, § 1 O(b ); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The City is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Responses from the City In a response dated September 17, 2015, the City provided Mr. Herman with responsive documents. On September 18,2015, in response to further inquiry by Mr. Herman, the City indicated it was withholding two email threads under the attorney-client privilege. The City also provided two additional email threads on the same day. The City is advised that 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 ( c); 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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. George T. Bahnan SPR15/737 Page Two November 20, 2015 In correspondence with Mr. Herman on September 22, 2015, you provided the unredacted versions of these documents and stated "no exemption applies." You provided additional email chains on the same day. Whereas the City provided unredacted copies of the responsive records, I will consider this appeal closed. cc: Mr. Colman Herman Ms. Caroline Driscoll, Esq.