Christopher J. B. Fincham v. Redevelopment Authority (SPR 20160234)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April14, 2016 SPR16/234 Ms. Teresa Polhemus Executive Director/Secretary Boston Redevelopment Authority One City Hall Square Boston, MA 02201 Dear Ms. Polhemus: I have received the petition of Christopher J. B. Fincham, Vice President of The Boston Informer appealing the response of the City of Boston-Boston Redevelopment Authority (BRA) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Fincham requested electronic copies of records related to the McKinsey & Co. review of the BRA Planning Department, including: 1. Interview summaries, 2. Synthesis of the results of the McKinsey diagnostic exercise, 3. McKinsey's recommendations for improving the Planning Department's organizational structure (Phase 3 and other), 4. McKinsey's recommendations for improving the Planning Department's operational and governance processes, as well as its approach to data and information technology (Phase 3 and other), and 5. McKinsey's list of "key success factors" (Phase 3 and other). By email on March 22, 2016, you provided Mr. Fincham with short-answer responses to each of the items requested. Mr. Fincham appealed. You informed this office on April 13, that all the records provided to BRA from McKinsey were available on the BRA website, and that BRA was not withholding any records. It is my understanding that BRA has promised to provide Mr. Fincham with a more detailed, written response. This office provided you with a copy of the appeal file to assist you and/or the BRA's Legal Counsel with drafting the more detailed written response. Accordingly, I will consider this appeal closed with the proviso that the BRA, within ten (10) days of this order, provide Mr. Fincham with a more detailed response to the request, OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Teresa Polhemus SPR16/234 Page2 April14, 2016 provided in a manner consistent with this order, the Public Records Law and its Regulations. If the BRA maintains that any responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Fincham a written explanation, with specificity, how a particular exemption applies to each record. 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. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). To assist in requesting and responding to requests for public records I advise a review of our publication, A Guide to the Massachusetts Public Records Law. This document is also available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records cus dian in person to conduct training workshops on the Public Records Law upon request. P ease contact my office directly at the telephone number below for further information. cc: Mr. Christopher J. B. Fincham