Stevan Johnson v. Boston, City of - Public Records (SPR 20210186)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 11, 2021 SPR21/0186 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Plaza, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Stevan Johnson appealing the 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). On January 22, 2021, Mr. Johnson requested records relating to the suspension of a Hackney License as follows: “(a) the ‘record of the proceeding’ as contemplated by M.G.L. c. 249 § 4, together with, (b) the ‘administrative record’ as contemplated by Rule 403 § 8(IV)(d)(iv)(7).” Unsatisfied with the City’s response, Mr. Johnson petitioned this office and SPR21/0186 was opened as a result. 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. 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. SPR21/0186 Page 2 February 11, 2021 Current Appeal The City responded on January 27, 2021 and provided responsive records. In his appeal petition, Mr. Johnson contends that certain records were withheld. On January 28, 2021, the City of Boston provided a supplemental response stating, “[i]t does not appear that any records were withheld in response to this request, however, I will coordinate with the Boston Police Department and will provide an update.” The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). It is unclear whether the City is in possession of the additional requested records. The City must clarify whether any further responsive records exists. Conclusion Accordingly, the City is ordered to provide Mr. Johnson with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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. Murray Supervisor of Records cc: Stevan Johnson