Alyssa Anderson v. Boston, City of - Public Records (SPR 20192091)

William Francis Galvin, Secretary of the Commonwealth Public Records Division -

Rebecca S. Murray Supervisor of Records

October 28, 2019 SPR19/2091

Shawn A. Williams, Esq. ‘Director of Public Records Records Access Officer

City of Boston

1 City Hall Plaza, Room 615 Boston, MA 02201

Dear Attorney Williams:

I have received the petition of Alyssa Anderson appealing the responses of the City of Boston (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.MLR. 32.08(1). Specifically, Ms. Anderson requested records from multiple City Departments. Ms. Anderson, in communications with the city, informed them she had received some records, but had not received others. Although the City is assisting Ms. Anderson with her request, not all responsive records have been provided.

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

Shawn A, Williams, Esq. SPR19/2091 Page 2 October 28, 2019

Order

The City is to continue working with Ms. Anderson to provide a response and all responsive documents. 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, 0 Masd

Supervisor of Records

ce: Alyssa Anderson