Sarah L. Ryley v. Boston, City of - Public Records (SPR 20230957)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 23, 2023 SPR23/0957 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 Sarah Ryley, of the Boston Globe, 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 March 31, 2023, Ms. Ryley requested the following: [D]ata on 311 service requests for 2018 through the date that [her] data is exported, that includes all fields in the data on the city’s online data portal (https://data.boston.gov/dataset/311-service-requests) AND the text of the service request. The online data does not include the actual requests, whereas it is included and searchable on https://311.boston.gov/. In her request. Ms. Ryley also states that she “need[s] the text in the data so [she] can search and analyze complaints based on key words.” Previous Appeal This request was the subject of a previous appeal. See SPR23/0767 Determination of the Supervisor of Records (May 2, 2023). In my May 2nd determination, I ordered the City to clarify whether it is feasible to provide the responsive records in Ms. Ryley’s preferred format, and to clarify whether the City was redacting or withholding records. Subsequently, the City responded on May 10, 2023. Unsatisfied with the City’s response, Ms. Ryley further 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 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. SPR23/0957 Page 2 May 23, 2023 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 custodian must provide the responsive records. Current Appeal In her appeal petition, Ms. Ryley contends that the City’s response “does not satisfy [her] request, as the data still does not contain the service request details.” The City’s Responses In its May 10, 2023 response, the City asserts that “the responsive records are available on the City’s 311 site and otherwise the City stands by its prior response.” In its prior, April 18, 2023 response, the City stated, among other things, that “the records on the City’s website comply with [Ms. Ryley’s] request.” Subsequent to the opening of this appeal, in an email to Ms. Ryley on May 12, 2023, the City also argues that her request “is overly broad and vague.” Please be advised that it is permissible for the custodian of records to provide access to records via a link to a website. See G. L. c. 66, §6A(d) (“If the public record requested is available on a public website ... the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website.”); see also 950 C.M.R. 32.04 (5)(e) (“A records access officer shall ... to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). In this case, the City has confirmed that the records Ms. Ryley seeks are available on two public websites maintained by the City. Consequently, based on the City’s response, and the information provided in Ms. Ryley’s appeal petition, I find that the City has met its burden in responding to this request.

Shawn A. Williams, Esq. SPR23/0957 Page 3 May 23, 2023 Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. Ryley 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. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Sarah Ryley