Don Kempner Warner Saklad v. Boston, City of - Public Records (SPR 20251317)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 23, 2025 SPR25/1317 Grace Jung Director of Public Records City of Boston 1 City Hall Square, Room 615 Boston, MA 02201 Dear Ms. Jung: I have received the petition of Don Kempner Warner Saklad 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 15, 2025, Mr. Saklad requested “...the already public funded stenographic record from April 2025 public meetings of Boston City Council[.]” The City responded on May 7, 2025 assigning the request reference number R002138-042825. Unsatisfied with the City’s response, Mr. Saklad petitioned this office and this appeal, SPR25/1317, was opened as a result. While this appeal was pending, the City provided a supplemental response on May 13, 2025. 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. 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 SPR25/1317 Page 2 May 23, 2025 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 May 7th and May 13th Responses In its May 7, 2025 response, the City stated, “[t]he records responsive to this request have been released to the Public Records Center,” and provided Mr. Saklad with a corresponding access link. In a subsequent email to Mr. Saklad and this office on May 13, 2025, the City provided the responsive records as an attachment. Current Appeal In his appeal petition dated May 12, 2025, Mr. Saklad stated that the May 7, 2025 response is “[n]ot what’s requested,” and that the link “…didn’t work, [is] problematical to navigate [and its] formatting [is] indecipherable.” In an email dated May 14, 2025, following the City’s supplemental response, Mr. Saklad stated, “[p]lease do proceed, that is not the request!” Unclear Appeal Based on the foregoing, where the Department has provided the responsive records, I find that the basis of Mr. Saklad’s appeal is unclear. Mr. Saklad is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). In this case, the City has twice provided the records to Mr. Saklad via a link and as an email attachment. This office encourages Mr. Saklad to communicate directly with the Department in order to arrange receipt of the records responsive to his request. If unresolved issues remain after Mr. Saklad and the City communicate further as described above, Mr. Saklad may file an appeal within ninety (90) days, describing his specific objections to the City’s response. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will now consider this administrative appeal closed.

Grace Jung SPR25/1317 Page 3 May 23, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Don Kempner Warner Saklad