Laura H. Ortiz v. Boston, City of - Public Records (SPR 20242345)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 3, 2024 SPR24/2345 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Laura Ortiz 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 April 22, 2024, Ms. Ortiz requested the following records: [1.] SPR23/3055. . . a copy of any written response by the City of Boston only to this appeal as well as only any to/from correspondence with the SEC[.] If Boston corresponded with the SEC via phone, then we seek any notes that Boston may have created regarding discussions with the SEC or if the meeting was recorded, then we seek a copy of the recording. . . [.] Timeline 12/19/23-1/3/24[;] [2.] SPR23/3109. . . a copy of any written response by the City of Boston only to this appeal as well as only any to/from correspondence with the SEC[.] If Boston corresponded with the SEC via phone, then we seek any notes that Boston may have created regarding discussions with the SEC or if the meeting was recorded, then we seek a copy of the recording. . . [.] Timeline 12/26/23-1/9/24[;] [3.] SPR24/0038. . . a copy of any written response by the City of Boston only to this appeal as well as only any to/from correspondence with the SEC[.] If Boston corresponded with the SEC via phone, then we seek any notes that Boston may have created regarding discussions with the SEC or if the meeting was recorded, then we seek a copy of the recording. . . [.] Timeline 1/24/24-1/18/24[;] [4.] SPR24/0102. . . a copy of any written response by the City of Boston only to this appeal as well as only any to/from correspondence with the SEC[.] If Boston corresponded with the SEC via phone, then we seek any notes that Boston may 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. SPR24/2345 Page 2 September 3, 2024 have created regarding discussions with the SEC or if the meeting was recorded, then we seek a copy of the recording. . . [.] Timeline 1/11/24-1/26/24[;] [5.] SPR24/0170. . . a copy of any written response by the City of Boston only to this appeal as well as only any to/from correspondence with the SEC[.] If Boston corresponded with the SEC via phone, then we seek any notes that Boston may have created regarding discussions with the SEC or if the meeting was recorded, then we seek a copy of the recording. . . [.] Timeline 1/19/24-1/31/24[.] Previous Appeal This request was the subject of a previous appeal. See SPR22/1878 Determination of the Supervisor of Records (July 10, 2024). The City responded on July 12, 2024. Unsatisfied with the response, Ms. Ortiz petitioned this office and this appeal, SPR23/2345, was opened as a result. While this appeal was pending, the City submitted a supplemental response on August 21, 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. Current Appeal In her appeal, Ms. Ortiz states, “[t]here was a written response provided to me . . . from [the City’] . . . on 7/12/24 . . . however I cannot access the responsive records given City of Boston has them inaccessible to any public link on their Boston GovQA system portal, they’re requiring me to “sign into” their Boston GovQA portal despite that I submitted my request via electronic mail . . . .”

Shawn A. Williams, Esq. SPR24/2345 Page 3 September 3, 2024 The City’s Responses In its July 12, 2024 response, the City indicates that the responsive records “have been released to the Public Records Center” and advises Ms. Ortiz to “[c]lick the link below to log in to the Records Center.” In its supplemental August 21, 2024 response, a representative of the City explains, “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.” In light of Ms. Ortiz’s appeal, it is uncertain whether the City can provide the records in manner that can be accessed by Ms. Ortiz. The City must explain whether it is feasible to provide the responsive records via email, and not through its online portal. Conclusion Accordingly, the City is ordered to provide Ms. Ortiz with a response to her 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. Ms. Ortiz may appeal the substantive nature of the City’s response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Laura Ortiz