Christopher Mullady v. Boston, City of - Police Department (SPR 20210642)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 26, 2021 SPR21/0642 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston One City Hall Plaza One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Christopher Mullady 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 6, 2021, Mr. Mullady requested, “1. All records setting forth any legal objection to the removal of the Emancipation Group memorial, or to the City’s failure to respect the conditions of the gift; and all records of any response to any such objection. 2. All records evidencing any directions given by or on behalf of the mayor relating to any such objection. 3. All records evidencing any directions given by or on behalf of the mayor relating to the removal of the memorial, in the last ten days of June or in the last ten days of December 2020. 4. All requests for proposals and all correspondence sent on the City’s behalf, soliciting a new location for the memorial, or soliciting an expression of interest in arranging a new location for it (other than for storage), and all responses thereto, through the date of the City’s compliance with this request. 5. Any opinion and any factual report issued by, or on the responsibility of, the Corporation Counsel, concerning the removal or 'recontextualization' of the memorial, or the conditions of the gift.” Unsatisfied with the response, Mr. Mullady appealed and SPR21/0642 was opened as result. 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. SPR21/0642 Page 2 March 26, 2021 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). The Department’s January 27th response In its January 27th response, the City states, “(1) the Boston Art Commission (‘BAC’) and the Mayor’s Office of Arts and Culture (‘MOAC’) are the custodians of the records responsive to your requests; (2) the City intends to produce all responsive, non-privileged records; (3) the City has records responsive to Request No. 4; and (4) there are no responsive records to Requests Nos. 1-3 and 5. As such, enclosed please find pdfs, which consist of responsive records …” Current Appeal In his appeal, Mr. Mullady stated, “I question the completeness of the City's search for responsive records.” Despite the City’s response, it remains unclear if the City possesses additional requested records. The City must identify what records it has in its possession, custody or control that are responsive to Mr. Mullady’s request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). To the extent that the requested records exist, I find the City must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the City is ordered to review the request and provide a response to Mr. Mullady made in accordance with the Public Records Law, its Access Regulations and this order 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.

Shawn A. Williams, Esq. SPR21/0642 Page 3 March 26, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Christopher Mullady