Brian McCarter v. Boston, City of - Public Records (SPR 20252026)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 28, 2025 SPR25/2026 Grace Jung Direct of Public Records City of Boston 1 City Hall Square, Room 615 Boston, MA 02201 Dear Ms. Jung: I have received the petition of Brian McCarter 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 June 8, 2025, Mr. McCarter sought the following records related “to [a specified address] for the period of January 1, 2020 through the date this request is fulfilled”: [1] Permits, Certificates, Applications, Variances, and Authorizations [a] Building permits (short and long form)[;] [b] Zoning Board of Appeal filings and decisions[;] [c] Variances and amendments[;] [d] Certificates of Inspection or Occupancy (temporary or permanent)[;] [e] Use-of-premises forms[;] [f] Any applications, approvals, or correspondence associated with permit numbers ALT1058059, ALT648458, SF1131729, or any other permits tied to either parcel[.] [2] Citations, Violations, Complaints, and Inspections [a] Notices of violation or noncompliance[;] [b] Citations or enforcement notices[;] [c] 311 complaints and any internal responses[;] [d] Inspection reports, enforcement memos, or photos documenting site visits[;] [e] Logs or communications noting code concerns or enforcement action[.] [3] Emails and Interdepartmental Communications[:] [a] Please search for and produce any emails or correspondence—internal or external—that contain any of [eight specific keywords][;] 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 SPR25/2026 Page 2 July 28, 2025 [b] This includes messages to/from staff in the following departments” [i] Inspectional Services Department (including Building and Health divisions)[;] [ii] Mayor’s Office[;] [iii] Boston Planning & Development Agency (BPDA)[;] [iv] Mayor’s Office of Housing (MOH)[;] [v] Neighborhood Services[;] [vi] Boston Police Department (for community liaison or nuisance enforcement)[.] [4] Neighborhood and Interagency Records [a] Memos, reports, or meeting summaries referencing either address[;] [b] Internal communications discussing abutter feedback, interagency coordination, or neighborhood conditions tied to the location[.] The City responded on June 24, 2025 and July 8, 2025, assigning the request reference number R002910-060925. Unsatisfied with the responses, Mr. McCarter petitioned this office and this appeal, SPR25/2026, 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 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. See 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 June 24th and July 8th Responses In its June 24, 2025 response, the City stated, “…the City will need up to, but no more than, fifteen (15) additional business days to review and process your request.”

Grace Jung SPR25/2026 Page 3 July 28, 2025 In its July 8, 2025 response, the City provided copies of permits related to the specified address. Current Appeal In his July 13, 2025 petition to this office, Mr. McCarter stated, “[w]hile the City has provide some materials, several core categories remain unaddressed, and the search appears incomplete…” Based on Mr. McCarter’s petition and the City’s responses, it is unclear whether the City possesses additional responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Consequently, the City must clarify whether it possesses additional records responsive to Mr. McCarter’s request. Conclusion Accordingly, the City is ordered to provide Mr. McCarter 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. Mr. McCarter may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brian McCarter