Patrick Courtney v. Boston, City of - Public Records (SPR 20241071)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 25, 2024 SPR24/1071 Shawn A. Williams, Esq. Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Patrick Courtney appealing the response of the City of Boston (Boston) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 5, 2024, Mr. Courtney requested “…certified payroll records for any and all Painters, Tapers, and Drywall tradespeople who performed work on [an identified address.]” The City responded on March 19, 2024 and April 2, 2024. Unsatisfied with the City’s responses, Mr. Courtney petitioned this office and this appeal, SPR24/1071, was opened as a result. Subsequently, on April 11, 2024, the City provided a supplemental response. 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. Att’y 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. SPR24/1071 Page 2 April 25, 2024 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. The City’s March 19th, April 2nd and April 11th responses In its March 19, 2024 response, the City asserted, “[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.” Subsequently, on April 2, 2024, the City provided responsive records. In its April 11, 2024 response, the City asserted, “I have alerted representatives from the Boston Residency and Jobs Program (BRJP) regarding this matter in an effort to resolve any outstanding issues regarding your March 5, 2024 public records request. I will provide an update to you once additional information is provided to me by the department.” Current Appeal In his appeal, Mr. Courtney advised that the City did not provide records in his preferred format, stating: [1.] The City released the certified payroll records that I requested in an excel spreadsheet and not the CPR form that is usually provided to the awarding authority[;] and [2.] Addresses were not listed in the spreadsheet format. Preferred Format A records access officer must, to the extent feasible, provide public records to a requestor in electronic format unless the record is not available in electronic form or the requestor does not have the ability to receive or access the records in electronic format and if feasible, in the requestor’s preferred format. In the absence of a preferred format, the records must be provided in a searchable machine-readable form. See 950 C.M.R. 32.04(5)(d). In light of Mr. Courtney’s appeal, I find the City must clarify whether the responsive records can be provided in the format that Mr. Courtney requested, and whether the City has in its possession certified payroll records in CPR form. Conclusion Accordingly, the City is ordered to provide Mr. Courtney 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. Mr. Courtney may appeal the City’s response within ninety days. See 950 C.M.R. 32.08(1).

Shawn A. Williams, Esq. SPR24/1071 Page 3 April 25, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Patrick Courtney