Joel Mroz v. Boston, City of - Public Records (SPR 20232623)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 10, 2023 SPR23/2623 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 Joel Mroz, appealing the response of the City of Boston (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 30, 2023, Mr. Mroz requested, “[a] list of all residents who are part of the BPD’s NWU’s Fenway Neighborhood Watch Group.” The City responded on October 31, 2023. Unsatisfied with the City’s response, Mr. Mroz petitioned this office and this appeal, SPR23/2623, 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. Attorney 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. 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. SPR23/2623 Page 2 November 10, 2023 The City’s October 31st Response In its October 31, 2023 response, the City stated, “a comprehensive search was conducted with the information you provided. We were unable to find any records that would be responsive to this request.” Current appeal In his appeal, Mr. Mroz states: I submit this appeal to the Public Records Division of the Secretary of the Commonwealth for the following reasons: . . . Yesterday, October 30, 2023, I called the Boston Police Department’s Neighborhood Watch Unit (at . . .) and spoke briefly with [a named individual], providing the same information about these incidences of vandalism provided here in this appeal. [Named individual] advised me going forward to call 911 upon discovery of such incidences of vandalism. I further explained to [named individual] that it has been my observation that realtime information (i.e., my precise movement around the Fenway neighborhood, as well as the location of my secured bike as I carry out short errands), is being used in conjunction with real-time social media connections to carry out these crimes of vandalism against me. Thus, my Public Records Request to the Boston Police Department… Based on the City’s response and Mr. Mroz’s appeal, it is unclear if the City possesses any 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). The City must clarify whether it possesses records responsive to the request. Conclusion Accordingly, the City is ordered to provide Mr. Mroz with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of the 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. Mr. Mroz may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Shawn A. Williams, Esq. SPR23/2623 Page 3 November 10, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Joel Mroz