Brian McCarter v. Boston Public Health Commission (SPR 20251316)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 16, 2025 SPR25/1316 Javier R. Salas, Esq. Assistant General Counsel Boston Public Health Commission 1010 Massachusetts Avenue Boston, MA 02118 Dear Attorney Salas: I have received the petition of Brian McCarter appealing the nonresponse of the Boston Public Health Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 25, 2025, Mr. McCarter requested the following: [1] Any draft or preliminary data, internal reports, or summaries regarding non-fatal and fatal overdoses among Boston residents for calendar years 2023, 2024, and 2025 (to date), collected under the CDC Overdose Data to Action (OD2A) grant or from other sources [2] Any data files, internal communications, or documentation used for reporting or submitting this information to the CDC during the same period. [3] Any draft or pending updates to the Boston Overdose Dashboard, including materials related to updates in Microsoft Power BI, whether or not those updates have been published publicly. Claiming to not yet have received responsive records, Mr. McCarter petitioned this office and this appeal, SPR25/1316, was opened as a result. Subsequently, I learned that the Commission provided the requestor with a response on May 16, 2025. Where this appeal was opened as a result of the Commission’s lack of a written response, I will now consider this administrative appeal closed. The requestor may appeal the substantive nature of the Commission’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Javier R. Salas, Esq. SPR25/1316 Page 2 May 16, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Brian McCarter