S. Howey v. Boston Public Health Commission (SPR 20211390)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 16, 2021 SPR21/1390 Batool Raza, Esq. Assistant General Counsel Office of the General Counsel Boston Public Health Commission 1010 Massachusetts Avenue Boston, MA 02118 Dear Attorney Raza: I have received the petition of S. Howey appealing the response of the Boston Public Health Commission (Commission) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 1, 2021, S. Howey requested “… all Computer Aided Dispatch Transcripts (CADs), all incident reports, Calls For Service Reports, all incident reports, all reports, all documents, all audio files for 911 calls, all digital files, all log book entries, all 911 documents pertaining to [a specific address] Boston for the month of April 2021.” The Commission provided a response on June 1, 2021. Unsatisfied with the Commission’s response, S. Howey petitioned this office and SPR21/1390, 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). Consistent with previous determinations relating to the same type of requested records, I find the Commission has met its burden to withhold the responsive records. See SPR21/0395 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

Batool Raza, Esq. SPR21/1390 Page 2 June 16, 2021 Determination of the Supervisor of Records (March 3, 2021); SPR20/1273 Determination of the Supervisor of Records (August 12, 2020). Conclusion Accordingly, I will consider this administrative appeal closed. If S. Howey is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: S. Howey