Boston Accountability Network v. Boston, City of - Public Records (SPR 20241851)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 9, 2024 SPR24/1851 Shawn A. Williams, Esq. Record Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of the Boston Accountability Network (“requestor”) 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 March 12, 2024, the requestor sought the following: In March 2023, the [City] disbursed a payment of $20,000… via the Office of Police Accountability and Transparency. We are requesting any and all documentation that was produced as part of this $20,000 payment (i.e., reports, studies, etc.). We are also requesting any and all communications pertaining to this payment/contract. Communications should not be limited to just email and text messages exchanged between employees/agents of [an identified entity] with the [City], but also any contracts/bids/RFPs/RFQs that are relevant to awarding of this contract. We also request copies of each bid that was submitted as part of this contract award. The City acknowledged receipt of the request on March 12, 2024, and assigned the request a reference number. The City further responded on March 26, 2024 and April 9, 2024. Unsatisfied with the City’s responses, the requestor petitioned this office and this appeal, SPR24/1851, was opened as a result. Subsequently, on July 7, 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 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. SPR24/1851 Page 2 July 9, 2024 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. 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 26th, April 9th, and July 7thresponses In its March 26, 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.” In its April 9, 2024 response, the City asserted, “… I uploaded the contracts. They were two $20k invoices.” In its July 7, 2024 response, the City asserted, “I have alerted representatives from the department regarding this matter in an effort to resolve any outstanding issues regarding your public records request. I will provide an update to you once additional information is provided to me by the department.” Current Appeal The requestor stated, “[t]he City has indicated they have at least two records pertaining to our request, but have failed to release them to our possession [and] there are no attachments in the online portal.” Possession, Custody and Control; 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). However, 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). To the extent that the referenced contracts and invoices exist, I find that the City must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay).

Shawn A. Williams, Esq. SPR24/1851 Page 3 July 9, 2024 Conclusion Accordingly, the City is ordered to provide the requestor 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. The requestor may appeal the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Boston Accountability Network