Boston Accountability Network v. Boston, City of - Public Records (SPR 20232758)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 29, 2023 SPR23/2758 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 Boston Accountability Network (requestor) 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 September 11, 2023, the requestor sought: …any and all documentation in the custody of the [City] as it relates to the business filings of Boston City Councilor . . ., as well as any business entity she is associated with (i.e. Sharon Durkan Consulting, LLC). These may include, but are not limited to: applications for contracts, registration as a woman-owned business, correspondence with various [C]ity officials/departments, etc. We are requesting this documentation to include the years 2017 to receipt of this message… On September 11, 2023, the City provided an acknowledgement of the request through the City’s Public Records Portal. On September 25, 2023, the City provided a response, asserting, “…[d]ue to the nature of your request additional time is needed. As such, the City will need up to, but no more than, fifteen (15) additional business days to review and process your request.” As a result of the City’s September 25th response, the requestor petitioned the Supervisor of Records, and this appeal was opened. In its November 15th petition, the requestor indicates, “[a]s of this letter, it is well-past the additional 15 days requested by the [City] and we have yet to receive relevant records…” The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all 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. SPR23/2758 Page 2 November 29, 2023 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) (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). 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. Timeliness of providing responsive records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). The request was submitted on September 11th, and the City responded on September 25th, indicating it required more time to respond. However, to date the City has not provided any of the responsive records. As such, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). It is unclear why the City has not provided the requestor with an update to the request, and why the City cannot provide responsive records on a rolling basis in order to satisfy the September 11threquest. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). The City must clarify these matters.

Shawn A. Williams, Esq. SPR23/2758 Page 3 November 29, 2023 Conclusion Accordingly, the City is ordered to provide the requestor with a response to the request 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Boston Accountability Network