Lucas Newbill v. Boston, City of - Public Records (SPR 20252353)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 21, 2025 SPR25/2353 Grace Jung Director of Public Records City of Boston One City Hall Square Boston, MA 02201 Dear Ms. Jung: I have received the petition of Lucas Newbill, Esq., of Law Offices of Lucas Newbill, 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 July 3, 2025, Attorney Newbill requested “... all all documents defining the below policy or practice of the City.” As a large employer, the city follows protocols in administering employee discipline in line with maintaining public trust and respecting due process, a city spokesperson said in a statement. Generally, if an employee is subject to arrest, they are placed on paid leave until information on the specific charges can be obtained, subject to laws, statutes, city policies, and union contracts. If those charges are related to an employee’s job function or violate the public trust, they may be terminated or immediately placed on unpaid leave until the case is decided or until the job function can no longer be held vacant, whichever comes sooner. Once the case is resolved or facts are confirmed, the city will take appropriate employment action up to and including termination. The City responded on July 18, 2025. Unsatisfied with the response, Attorney Newbill petitioned this office and this appeal, SPR25/2353, was opened as a result. The City assigned reference number R003380-070325 to this request. 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 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 SPR25/2353 Page 2 August 21, 2025 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 July 18th response In its July 18, 2025 response, the City advised Attorney Newbill “[t]he public records law permits a response time of up to twenty-five (25) business days from the business day a written request is received, so long as a detailed explanation is provided. G. L. c. 66, § 10(b)(vi); 950 CMR 32.06(2)(i). Due 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.” 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). Where Attorney Newbill’s request was originally submitted on July 3, 2025, and the City has not provided the responsive records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the City must provide an estimated date as to when it expects to complete its review and provide the remaining records.

Grace Jung SPR25/2353 Page 3 August 21, 2025 See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Attorney Newbill with a response, 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. Attorney Newbill may appeal the substantive nature of the City’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Lucas Newbill, Esq.