Shannon Llewellyn v. Boston, City of - Public Records (SPR 20240192)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 2, 2024 SPR24/0192 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 Shannon Llewellyn 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 January 6, 2024, Ms. Llewellyn requested “all text messages to and from [a named individual] for March and April 2022.” The City provided a response on January 10, 2024. Unsatisfied with the response, Ms. Llewellyn petitioned this office and this appeal, SPR24/0192, 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. SPR24/0192 Page 2 February 2, 2024 Current appeal In her appeal, Ms. Llewellyn states the following: There’s been an error I assume on this record request to Boston Police. If [a named individual] has since retired I still seek the record request, texts to and from his phone for the dates requested. There was either a mistake regarding his current status with the BPD, or else there’s a training issue perhaps with the individual who performed the search. The City’s January 10th response In its January 10, 2024 response, the City states the following: In response to your request, a comprehensive search was conducted with the information you provided. We were unable to find any records that would be responsive to this request. Unclear if records exist Based on the City’s response and Ms. Llewellyn’s appeal, it is unclear if the City possesses 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). Consequently, the City must clarify whether records exist. Conclusion Accordingly, the City is ordered to provide Ms. Llewellyn with a response to the request, provided 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: Shannon Llewellyn