Jason Hopkins v. Boston, City of - Office of the Mayor (SPR 20212427)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 4, 2021 SPR21/2427 Shawn A. Williams, Esq. Director of Public Records City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Jason Hopkins 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 August 30, 2021, Mr. Hopkins requested: [1] All email communication[s] between former Mayor of Boston Marty Walsh, acting Mayor of Boston Kim Janey, any member of their staff, and any representative of the MIRA Coalition, from and including January 20, 2017 up to and including June 2, 2021[, and;] [2] All email communication between MIRA Coalition President . . ., former Mayor of Boston Marty Walsh, acting Mayor of Boston Kim Janey, [and] any member of their staff from and including January 20, 2017 up to and including June 2, 2021. The City responded on September 13, 2021. Unsatisfied with the City’s response, Mr. Hopkins petitioned this office and this appeal, SPR21/2427, 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) (written response must “identify 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. SPR21/2427 Page 2 October 4, 2021 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 City’s September 13th Response In its September 13, 2021 response, the City stated, “The terms of this request are very broad; I encourage you to visit the City of Boston’s website at www.boston.gov and visit the City Council page to see if any records exist that are responsive to your query. Should you wish to make a new request, I encourage you to do so.” Current Appeal In his appeal, Mr. Hopkins states that, “…our request simply asked for email communication[s]. Our request not only clearly identified the parties for the email correspondence we seek….but it also provides time [frames]…Additionally, [Attorney] Williams’ response encourages us to search the City of Boston’s website for any records responsive to our inquiry, but the website does not provide the email communication[s] we seek – or any emails for that matter.” Despite the City’s initial response on September 13th, it remains unclear if the City possesses the requested records. The City must identify what records it has in its possession, custody or control that are responsive to Mr. Hopkins’ request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). 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). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See G.L. c. 66, §10(a)(vii); 950 C.M.R. 32.04(5). 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. Hopkins made in accordance with the Public Records Law, its 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. SPR21/2427 Page 3 October 4, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Jason Hopkins