Good Citizen v. Boston, City of - Public Records (SPR 20250253)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 10, 2025 SPR25/0253 Grace Jung Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Ms. Jung: I have received the petition of Good Citizen (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 December 18, 2024, the requestor requested: [1] Email thread(s) on which [an identified individual] was a sender or a recipient regarding complaints about Boston Transportation Department/BTD personnel for which at least one message was sent in December 2024; [2] An organizational chart or similar document describing the hierarchy of the BTD; [3] Names, job titles, email addresses, public phone numbers if applicable, and dates of employment for all individuals who worked in HR for BTD at any point in calendar year 2024; and, [4] Names, job titles, email addresses, public phone numbers if applicable, and dates of employment for any individuals who were direct supervisors of [an identified individual] in calendar 2024. On December 18, 2024, the City acknowledged the request and assigned reference number R005284-121824 to the request. On January 3, 2025, the City provided the requestor with a response. Unsatisfied with the response, the requestor petitioned this office, and this appeal, SPR25/0263, 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 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

Grace Jung SPR25/0253 Page 2 February 10, 2025 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. The City’s January 3rd Response In its January 3, 2025 response, the City stated, “[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.” Current Appeal In its January 28, 2025 petition, the requestor states, “…On [January 3, 2025], 10 business days later, the City requested a 15 day extension … It has now been more than 25 business days and the City has not provided any follow up. I am appealing because the [C]ity has not provided a satisfactory response to this request.” Timeliness in 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: 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).

Grace Jung SPR25/0253 Page 3 February 10, 2025 Where the requestor submitted the request on December 18, 2024, and the City has not provided responsive records, nor cited an exemption for withholding records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Accordingly, I find the City must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsible records on a rolling basis. 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 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: Good Citizen