Emma Platoff v. Boston, City of - Public Records (SPR 20220647)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 28, 2022 SPR22/0647 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Square, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Emma Platoff of the Boston Globe appealing the response of the City of Boston (Boston) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 9, 2022, Ms. Platoff requested “any and all direct messages sent or received by the following Twitter users: @MayorWu [and] @wutrain” for a specified time period. The City responded the same day, providing records responsive to the @MayorWu account, but denying the request for the @wutrain account. Unsatisfied with the City’s response, Ms. Platoff appealed, and this case 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 agency or municipality 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. Att’y 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. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records 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. SPR22/0647 Page 2 March 28, 2022 custodian must provide the responsive records. Current Appeal In her appeal petition, Ms. Platoff contends that “because Mayor Wu is a government actor who uses her Twitter account to send and receive messages related to City business, the contents of the account are public record.” The City’s March 9th Response In its March 9, 2022 response, the City states “that the account @wutrain is the personal Twitter account of Michelle Wu. As such, the City has no control over the @wutrain account and therefore has no records responsive to that portion of [Ms. Platoff’s] request.” Based on issues raised in Ms. Platoff’s appeal, it is unclear whether the requested records were sent or received in furtherance of City business. The City must clarify this matter. Conclusion Accordingly, the City is ordered to provide Ms. Platoff with a response to her 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 the response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Emma Platoff