Michelle Efendi v. Boston, City of - Public Records (SPR 20240024)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 18, 2024 SPR24/0024 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 Michelle Efendi 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 December 30, 2023, Ms. Efendi requested “all records that concern the word ‘Hayden’ and protesters at Mayor Wu’s house and/or the Boston Public Library between January 1, 2022 and March 7, 2022.” The City provided a response on January 4, 2024. Unsatisfied with the City’s response, Ms. Efendi petitioned this office and this appeal, SPR24/0024, was opened as a result. Subsequently, the City provided two supplemental responses on January 8, 2024 and January 15, 2024. While this appeal was pending, Ms. Efendi appealed the City’s supplemental responses. Both of Ms. Efendi’s appeals will be addressed in this determination. 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. SPR24/0024 Page 2 January 18, 2024 The City’s January responses In its January 4, 2024 response, the City states that “[the] request is excessively broad” and that “it is unclear with ‘sufficient particularity’ which records [Ms. Efendi] seek[s].” In its January 8, 2024 supplemental response, the City states that it has “alerted representatives from the Police department regarding this matter in an effort to resolve any outstanding issues” and that it will “provide an update to [Ms. Efendi] once additional information is provided.” In response, Ms. Efendi asks the City why it would “just be checking with the Police Department” and asks whether the City is “conducting a comprehensive public records search for all City of Boston public records.” In its January 15, 2024 supplemental response, the City restates that Ms. Efendi’s response is “excessively broad, and so broad that it is not permitted by the [Public Records Law].” Reasonable description of records sought Please be aware that the request must reasonably describe the records sought. See G. L. c. 66, § 10(a)(i). In Chawla, the Superior court found that under the Public Records Law “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” See Jaideep Chawla v. Dept of Revenue, Suffolk. Sup. No. l 784CV02087, at 2 (January 23, 2019). The court further indicated “[r]equests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will not satisfy this statutory standard.” (emphasis in original). Id. The City is further advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, 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). In this case, Ms. Efendi has provided key search terms as well as a reasonably narrow time frame for the records she is seeking. While her request may potentially result in a large volume of responsive records, she has provided sufficient particularity required to identify the

Shawn A. Williams, Esq. SPR24/0024 Page 3 January 18, 2024 documents she is seeking. This office encourages Ms. Efendi and the City to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Conclusion Accordingly, the City is ordered to provide Ms. Efendi with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Michelle Efendi