Nathaniel Adams v. Boston, City of - Public Records (SPR 20242177)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 14, 2024 SPR24/2177 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 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 5, 2024, Mr. Adams sent the following to the City: In May 2024, the City published the following presentation related to the Centre Street (W.R) redesign: . . . On Slide 4, there is a bullet point that reads: 64 crashes in 3 years (2019-21); crash rate of 4.68 crashes per million vehicle miles traveled is 34% higher than the statewide average for an urban minor arterials [sic] Can I please have copies of the supporting documents for that bullet? Specifically, I am interested in seeing: [1] Any document that summarizes the 64 reported crashes (if no such summary exists, I would accept copies of the underlying police reports)[;] [2] The data underlying the calculated crash rate of 4.68 per mm vehicle miles traveled [; and,] [3] The source/calculation for the statement that the stated crash rate is 34% higher than the state average for urban minor arterials. On June 20, 2024, the City provided Mr. Adams with a response. Unsatisfied with the City’s response, Mr. Adams petitioned this office and this appeal was opened. While this appeal was pending, the City provided a supplemental response on August 13, 2024. 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. SPR24/2177 Page 2 August 14, 2024 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. 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. Current Appeal In his August 1, 2024 petition, Mr. Adams states, “…On June 20, the City responded that it would [need] an additional 15 business days to respond to my request. I have not received any further correspondence from the City since June 20, and am therefore filing this appeal for a determination that the City must provide a response to my request.” The City’s June 20th and August 13th Responses In its June 20, 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 August 13, 2024 supplemental response, the City stated, “[the City has] alerted representatives from the department regarding this matter in an effort to resolve any outstanding issues regarding your public records request. [The City] will provide an update to you once additional information is provided [to the Corporate Council’s Office] by the department.” Timeliness of providing records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall:

Shawn A. Williams, Esq. SPR24/2177 Page 3 August 14, 2024 identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Adams submitted his request on June 5, 2024, it is unclear why the City has not provided the responsive records. 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); see also G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). The City must provide Mr. Adams with a date that the City will commence production of the records. Additionally, if possible, the City should provide the responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Mr. Adams with a response to his 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. Adams may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Nathaniel Adams