Michelle Efendi v. Boston, City of - Public Records (SPR 20241783)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 1, 2024 SPR24/1783 Shawn A. Williams, Esq. Director of Public Records 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 January 23, 2024, Ms. Efendi requested, “. . . all records concerning protesters at Mayor Wu’s June 22, 2022 Coffee Hour event. Records may be between June 22, 2022 and June 25, 2022.” Prior Appeal This request was the subject of a prior appeal. See SPR24/0408 Determination of the Supervisor of Records (February 9, 2024) and SPR24/1193 Determination of the Supervisor of Records (May 2, 2024). In my May 2nd determination, I found that the City did not meet its burden to withhold records under Exemption (c) of the Public Records Law and that it must clarify if additional responsive records exist. The City provided a response on June 3, 2024. Unsatisfied with the City’s response, Ms. Efendi petitioned this office and this appeal, SPR24/1783, 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. SPR24/1783 Page 2 July 1, 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(d)(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. The City’s June 3rd Response In its June 3, 2024 response, the City provided records and cited Exemption (c) of the Public Records Law to redact information. In its response, the City stated, “[t]he records are redacted to omit the faces of minor children; no other portion of the records are redacted or withheld, and no other records exist. The records are not available from another public source and the public interest does not outweigh the privacy interest.” Current appeal In her appeal, Ms. Efendi states, “[the City] sent me 9 body camera videos and aside from the police report, they still have not provided me any records, for example, emails. Additionally, seen in these videos very clearly, is a Boston Police Crime Scene Response task force person (presumably an officer of some rank) video recording protesters on the day in question. I have not been provided that video and have been given no reports from them.” Based on Ms. Efendi’s claims above, it is unclear whether the City possesses additional 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). The City must clarify this matter. Conclusion Accordingly, the City is ordered to provide Ms. Efendi 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.

Shawn A. Williams, Esq. SPR24/1783 Page 3 July 1, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Michelle Efendi