Pat Bender v. Boston, City of - Public Records (SPR 20191931)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

October 3, 2019 ; SPR19/1931, SPR19/1932, SPR19/1935, . , SPR19/1937, SPR19/1938 Shawn A. Williams, Esq. City of Boston 1 City Hall Plaza Boston, MA 02201

Dear Attorney Williams:

I have received the petition of Pat Bender appealing the nonresponse of the City of Boston (City) to five requests for public records. G. L. c. 66, § 10A; see also 950 C.MLR. 32.08(1). Specifically, Mr. Bender requested arrest logs which disclose the name, address and charges for adults arrested on identified dates.

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).

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. 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.

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

SPR19/1931, SPR19/1932, SPR19/1935, Shawn A. Williams, Esq. SPR19/1937, SPR19/1938 Page 2 ‘ October 3, 2019

Order

Despite being notified of the opening of these appeals and a communication from a member of the Public Records Division staff, no responses have been provided. Accordingly, the City is ordered to provide Mr. Bender with responses to the requests, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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.

Sincerely,

Rebecca S. Cllecen Muna

Supervisor of Records

cc: Pat Bender