Leah Barrault v. Boston, City of - Office of the Mayor (SPR 20230204)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 14, 2023 SPR23/0204 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Leah Barrault 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 December 21, 2022, Ms. Barrault requested “…all legal bills and expenses paid by the City of Boston to outside legal counsel for any issues…” related to identified court cases. The City provided a response on December 21, 2022. Unsatisfied with the response, Ms. Barrault petitioned this office and this appeal, SPR23/0204, 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(d)(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). 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. SPR23/0204 Page 2 February 14, 2023 The City’s December 21st response In its December 21, 2022 response, the City stated, “[y]our public records request has been received and input into the City’s online portal[.]…In the future, I ask that you please consider filing all of your public records requests on the City’s online portal.” Current Appeal In Ms. Barrault’s current appeal, she states that “[o]n January 12, 2023, I sent an email (copy attached) to [the custodian] for information on how to access the documents. As of today, Monday, January 30, 2023, no documents have been received.” Records in existence 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 950 C.M.R. 32.04(5). Pursuant to 950 C.M.R. 32.06(2)(a), a records access officer or designee shall permit inspection or provide or furnish a copy of all public records within the custody and control of the custodian at reasonable times and without unreasonable delay under G. L. c. 66, § 10(a). Based on the above, it is unclear if the City possesses the records responsive to the request. The City must clarify this matter. Conclusion Accordingly, the City is ordered to provide Ms. Barrault with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Ms. Barrault may appeal the substantive nature of the City’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Leah Barrault