Nathaniel Adams v. Boston, City of - Public Records (SPR 20241486)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 30, 2024 SPR24/1486 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Square, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Nathaniel Adams 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 June 26, 2024, Mr. Adams requested the following records pertaining to exam school admissions in Boston Public Schools: [1.] The number of qualified applicants residing within each census tract [for] the most recent 7th grade admissions cycle (i.e. SY23-24)…. [2.] For each census tract…the calculation that was used to assign it to one of the exam school admissions tiers.… Previous Appeal This request was the subject of a previous appeal. See SPR23/1642 Determination of the Supervisor of Records (July 27, 2023). In my July 27th determination, I ordered the City to provide a response. Subsequently, the City responded on May 2, 2024. Unsatisfied with the City’s response, Mr. Adams further appealed, and this case, SPR24/1486, 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). 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. SPR24/1486 Page 2 May 30, 2024 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. The City’s May 2nd Response In its May 2, 2024 response, the City stated that “[t]he records responsive to this request have been released to the Public Records Center.” The City provided Mr. Adams with a link and case number. Current Appeal In his appeal petition, Mr. Adams states that “the attached file is more or less responsive to item [2.] referenced in the July 2023 determination letter - however, the city still has not provided the information requested as item [1.]” In an email to this office on May 23, 2024, Mr. Adams contends that the City must have these records. He explains that: 1. Every exam school applicant is assigned to one of 8 socioeconomic “tiers.” 2. Each tier is composed of a number of census tracts (identified as such by the U.S. Census Bureau). 3. The tier to which a given student is assigned is based on the census tract in which that student’s home address is located. 4. It necessarily follows that the City knows, for each exam school applicant, which census tract the applicant resides in; if not, they wouldn’t be able to assign the applicant to the appropriate tier. He further states that “[t]he City has already made public the total number of applicants residing within each tier. (See, e.g., Table 2a in this Boston Public Schools memorandum: SY23-24 Exam School Invitation Summary - Google Docs.) I am merely asking for the City to tell me how many applicants resided within the individual census tracts that composed those admissions tiers.” Records in Existence 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). Additionally, under the Public Records Law, a public employee is not

Shawn A. Williams, Esq. SPR24/1486 Page 3 May 30, 2024 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). Further, 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 an email between a staff member of the Public Records Division and an attorney for the City on May 28, 2024, the City confirmed that it does not possess responsive records. Conclusion Where the City confirmed that it does not possess records responsive to Mr. Adams’ request, I will now consider this appeal closed. If Mr. Adams is not satisfied with the resolution of this appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Nathaniel Adams