Allison Jarmanning v. Boston, City of - Public Records (SPR 20210028)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 11, 2021 SPR21/0028 Shawn A. Williams, Esq. Director of Public Records Records Access Officer One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Allison Jarmanning appealing the non-response of the City of Boston (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on December 2, 2020, Ms. Jarmanning requested: “[a]ny written feedback provided to the Boston Police Reform Task Force. I would like to receive the records in their native form (i.e. a database or spreadsheet, a Word document, a searchable PDF, etc.).” The City provided an acknowledgment of the request on October 2, 2020. Having not heard from the City since October 2020, Ms. Jarmanning petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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. SPR21/0028 Page 2 January 11, 2021 It is my understanding the City provided a response to the request on January 7, 2021. Conclusion Whereas this appeal was based on the City’s October 2, 2020 response, I will consider this appeal closed. If outstanding issues remain, Ms. Jarmanning may appeal the City’s January 7, 20201 response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Allison Jarmanning, WBUR (via email)