Brian McCarter v. Boston Public Health Commission (SPR 20252613)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 16, 2025 SPR25/2613 Javier 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 response of the Boston Public Health Commission (Commission/BPHC) 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. Previous Appeal This request was the subject of a previous appeal. See SPR25/1316 Determination of the Supervisor of Records (May 16, 2025). In my May 16th determination, I closed SPR25/1316 in light of the Commission providing a response on May 16, 2025. The Commission subsequently provided a further response on June 17, 2025. Unsatisfied with the Commission’s responses, Mr. McCarter petitioned this office and this appeal, SPR25/2613, was opened as a result. 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 Salas, Esq. SPR25/2613 Page 2 September 16, 2025 Subsequently, I learned that the Commission provided a further response on September 16, 2025. Where this appeal was opened based on the Commission’s May 16, 2025 and June 17, 2025 responses, I will now consider this administrative appeal closed. If unresolved issues remain, Mr. McCarter may appeal the substantive nature of the Commission’s September 16th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brian McCarter Whitney Pasternack, Esq.