Peter Reisenberg v. Boston Planning & Development Agency (SPR 20170922)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 14,2017 SPR17/922 Teresa Polhemus Executive Director/Secretary Boston Planning & Development Agency 1 City Hall Square, Floor 9 Boston, MA 02201 Dear Teresa Polhemus: I have received the petition of Peter Riesenberg appealing the response of the Boston Planning and Development Agency (Agency) to a request for public records. G. L. c. 66 § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Riesenberg requested "all addendum or addenda to the sublease between the Boston Center for the Arts ('Landlord') and Huntington Theatre Company ('Tenant') executed December 10, 2003." Mr. Riesenberg also requested the modified agreement as executed and consented to by the Boston Redevelopment Authority in their letter of January 9, 2004 to the Boston Center for the Arts. 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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Agency's April lith response In its April 11th response, the Agency indicated that "the BPDA has conducted a search for the requested documents and has no records responsive to the request in its possession to provide you." The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. However, 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

Teresa Polhemus SPR17/922 Page 2 July 14, 2017 Mr. Riesenberg, in correspondence with a representative from the Boston Center for the Arts, dated on March 28, 2017, was informed that the terms of the original agreement or old addendum "no longer apply under the latest addendum." Consequently, the Agency must provide more information as to why it possesses no records responsive to Mr. Riesenberg's request. I understand that a Public Records Division staff attorney has contacted you about this appeal. Accordingly, whereas the Agency has indicated that it will provide Mr. Riesenberg with a supplemental response, I will consider this appeal closed if the Agency provides the response 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 at pre@sec.state.ma.us. Mr. Riesenberg may appeal the substantive nature of the response within ninety days. 950 C.M.R. 32.08(1). Sincerely, ~y~ Supervisor of Records cc: Peter Riesenberg