Nathaniel Adams v. Boston, City of - Public Records (SPR 20220010)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 12, 2022 SPR22/0010 Shawn A. Williams, Esq. Director of Public Records Record Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Nathaniel Adams 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 October 15, 2021, Mr. Adams requested copies of all written communications between or among the following individuals: (1) any member of the Exam School Admissions Working Group … (2) any member of the Exam School Admissions Task Force … (3) any member of the Boston School Committee; (4) any Boston Public Schools personnel; (5) any personnel working within the Mayor's office … and (6) any personnel working for any member of the City Council . . . The City responded on December 16, 2021. Unsatisfied with the response, Mr. Adams petitioned this office and this appeal, SPR22/0010, 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 any records, categories of records or portions of records that the agency or municipality intends to 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. SPR22/0010 Page 2 January 12, 2022 withhold, and provide the specific reasons for such 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 December 16, 2022 Response In its response, the City stated, “[t]he records responsive to this request have been released to Public Records Center.” Current Appeal In his appeal, Mr. Adams advised that the response is “non-responsive to my October 15 request.” Mr. Adams asserted, “[m]y request was not time-limited, and the scope of subject matter covered by it was quite broad. It is facially absurd for the City to claim that a handful of documents that dated from a one-week range in 2020, and related only to a single meeting of the school committee, comprise the entirety of public documents responsive to my request. The City's response (along with its overall handling of my request) constitutes, in my view, prima facie evidence that the City is not acting in good faith.” Upon review of the file and Mr. Adams’ appeal, it is unclear if the City possesses any additional records responsive to the request. 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the City must clarify whether additional records exist. Conclusion Accordingly, the City is ordered to provide Mr. Adams with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Nathaniel Adams