Kieran Altieri v. Boston, City of - Public Records (SPR 20242422)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 3, 2024 SPR24/2422 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Square, Room 615 Boston, MA 02201 Dear Attorney Williams: On August 23, 2024, this office received the petition of Paul C. Chong, on behalf of the City of Boston (City) seeking a waiver of statutory limits on fees that may be assessed in responding to the request. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, I understand that the City furnished a copy of this petition to the requestor, Attorney Kieran Altieri, of Altieri Law & Consulting. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On August 9, 2024, Attorney Altieri requested the following: This is a supplemental public records law request, pursuant to Massachusetts Public Records Law, G.L. c. 66, § 10, for copies of the documents enumerated below (in requests numbered 1 through 4) that were the subject of my June 3, 2024 letter and request and the July 3 supplement relating thereto. The purpose of this supplemental letter and request is to extend the end-date of the request as supplemented by the July 3 letter (August 1, 2024) so as to be sure to capture any records created on or after August 1, 2024. [1.] All Applications for Outdoor Dining for premises located in the North End submitted to the City from January 1, 2023 to December 31, 2024, including any supporting material and/or attachments to such applications; [2.] Any communications related to such applications, including but not limited to emails, letters, notes of telephone calls, or other written records of communications, between (a) city officials, personnel, staff, volunteers, or any other agent of the city and (b) the applicants who submitted the applications described in the above request (numbered 1); and [3.] Any approvals, denials, or other administrative decisions, or other records relating to such administrative decisions, the applications described in the above request (numbered 1); and [4.] Any internal city communications regarding, or records relating to, such 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. SPR24/2422 Page 2 September 3, 2024 applications, including but not limited to memoranda regarding the applications, notes of meetings, notes of telephone calls, e-mails, and any and all other communications or records regarding or otherwise relating to such applications. In a letter to this office and the City on August 28, 2024, Attorney Altieri objects to the City’s petition. In a subsequent letter to Attorney Altieri and this office on August 30, 2024, the City states the following: If you agree that your August 9 request is intended only to cover the period not covered by prior submissions (i.e., that it calls for records only from August 1, 2024, onward), as stated in the first footnote of your letter to the Supervisor, the City will withdraw its petition to charge greater than $25 per hour given the expected significant reduction in the volume of records that would be responsive specifically to the August 9 request. In a further letter to this office and the City on September 2, 2024, Attorney Altieri states the following: The City is, of course, free to withdraw its fee petition before the Supervisor of Records. I do confirm that the sole purpose of the August 9 request was to extend the end-date of prior submissions and thereby cover the period not covered by prior submissions. Conclusion In light of the communications cited above, it is unnecessary to opine on the City’s petition at this time. Further, this office encourages Attorney Altieri and the City to continue to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii). Sincerely, Manza Arthur Supervisor of Records cc: Kieran Altieri, Esq.