Nathaniel Adams v. Boston, City of - Public Schools (SPR 20232894)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 14, 2023 SPR23/2894 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 Nathaniel Adams appealing the response of the Boston Public Schools (School/City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 10, 2023, Mr. Adams requested “…data related to exam school admissions: [o]n a tier-by-tier basis, for 7th grade admissions, the percentage of (a) applicants and (b) invitees, categorized by race (i.e., Asian, Black, Latin[a], Other, and White).” On October 10, 2023, the School acknowledged Mr. Adams’ request. On October 24, 2023, the School provided a response stating, “[d]ue to the nature of your request additional time is needed. As such, the [School] will need up to, but no more than, fifteen (15) additional business days to review and process your request.” On November 15, 2023, the School sent another response to Mr. Adams stating, “I see that a response to this request is due today. I have alerted a representative from the Boston Public Schools in an effort to obtain an update on the status of your October 10, 2023 public records request. I will provide an update to you once additional information is provided to me by the [School].” As a result of the School’s November 15th response, Mr. Adams petitioned this office, and this appeal was opened. In his petition, Mr. Adams states, “…the [City] informed me that [they] would check with the [School] on the status of my request. I have received no further communication from the City since then, and to date have not been any responsive 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. SPR23/2894 Page 2 December 14, 2023 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) (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. Current Appeal Subsequent to the opening of this appeal, the City’s Assistant Corporation Counsel, Bianca V. Crockett, Esq., provided a December 12, 2023 response, stating, “[t]he City of Boston (City) has received a copy of your petition to the Supervisor of Public Records, related to your request for public records … A written response to this request will be provided. We have contacted [the School] to receive an update and we will provide you with a response as soon as possible. A copy of any update, as well as this communication will be provided to the Supervisor of Public Records. I ask that any written determination by the Supervisor acknowledge this communication as an act of cooperation towards resolving any outstanding issues associated with your request for public records.” Timeliness of a Response; Production of Records 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). 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:

Shawn A. Williams, Esq. SPR23/2894 Page 3 December 14, 2023 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). Where Mr. Adams’ request was submitted on October 10, 2023, and that to date the School has not provided any responsive records, I find the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, the School must provide an estimated date as to when it expects to provide the records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the School must provide responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide Mr. Adams with a response to his 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: Nathaniel Adams