Brian McCarter v. Boston, City of - Public Records (SPR 20252731)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 1, 2025 SPR25/2731 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 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 August 28, 2025, Mr. McCarter requested the following records: Boston Globe Request on White Stadium Cost Projections[.] [1] A complete copy of the public records request(s) submitted by the Boston Globe regarding White Stadium cost projections (referenced in the Globe’s coverage dated August 28, 2025). [2] A complete copy of the City of Boston’s responses to that request, including correspondence, denial letters, or extensions issued by your office or other City departments. [3] Any internal tracking logs, request IDs, or reference numbers assigned by the City to the Globe’s White Stadium request(s). All Other White Stadium–Related Public Records Requests[.] [1] Copies of all other public records requests submitted to the City of Boston since January 1, 2020 concerning White Stadium, including but not limited to requests about: [2] Cost estimates, financial projections, or budgets; [3] Contracts, bids, procurement, or vendor solicitations; [4] Public-private partnership agreements or memoranda of understanding; [5] Community engagement, public comment, or meeting records; [6] Any related correspondence. Copies of all responses issued by the City (whether granting, partially fulfilling, or denying such requests). [7] Copies of all materials released by the City in response to the above requests. [8] Any internal tracking logs, request IDs, or reference numbers associated 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 SPR25/2731 Page 2 October 1, 2025 with White Stadium–related requests in the City’s Public Records Center or other systems. The City responded on September 5, 2025 and September 15, 2025, and assigned reference number R004477-082825 to this request. Unsatisfied with the City’s responses, Mr. McCarter petitioned this office and this appeal, SPR25/2731, was opened as a result. Fee Estimates – Municipalities A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d)(i). Municipalities may not assess a fee for the first (two) 2 hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § 10(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). The City’s September 5th and September 15th Responses In its September 5, 2025 response, the City stated, “[a] public records request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i). Specifically, you requested ‘related correspondence’. In order for our department to fulfill your request, you must narrow the scope of your request. Please reply to this message by Monday, September 15, 2025, with a narrowed scope. If we do not receive a reply from you by this deadline specifying a narrowed scope, we will close your request as overly broad and vague. Your request can be narrowed by naming a more specific date range of correspondence, or a list of pertinent names and email addresses. In addition, our preliminary search for requests related to White Stadium from the Boston Globe and ‘all other requesters’ yields 3,255 public records requests.” In its September 15, 2025 response, the City stated “[y]our request does not comply with the Massachusetts public records law and its access regulations, as it is overly broad and vague. A public records request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i) ...”

Grace Jung SPR25/2731 Page 3 October 1, 2025 On September 15, 2025 the City provided a fee estimate in the amount of $6,731.25. In support of the fee estimate, the City stated, The City estimates that staff can search and compile approximately one public records request every 5 minutes. At this rate, based on the number of potentially responsive reports noted above, the City expects it will take 269.25 hours to search for and compile the public records requests. A records custodian must assess the lowest hourly rate of a person capable of performing the task when it issues a fee estimate. 950 CMR 332.07(2)(i). The public records law permits a custodian to assess $25 per hour for such review. 950 C.M.R. 32.07(2)(m). The lowest hourly rate for a person capable of reviewing the records responsive to your request is approximately $25 per hour. At a rate of $25 per hour, accounting for the first two hours without charge, the corresponding cost of fulfilling your request would be $6,731.25. Please note that we would have to review each request to determine whether it is actually related to White Stadium, and then review all the records associated with that request. Current appeal In his September 17, 2025 appeal, Mr. McCarter contends that “[t]he City’s response indicating that the request is the overly broad and vague” is not valid. In his September 22, 2025 appeal, Mr. McCarter inquired about an estimated completion date. Mr. McCarter’s appeals appear to not contest the City’s September 15th fee estimate of $6,731.25. Unclear Appeal Based on the foregoing, where the City has provided a fee estimate to obtain the responsive records, I find that the basis of Mr. McCarter’s appeal is unclear. Mr. McCarter is advised that pursuant to 950 C.M.R. 32.07(2)(b), if fees are being assessed, a records access officer shall provide a written, itemized, good faith estimate of any fees that may be charged to produce the records prior to complying with a public records request within ten business days following receipt of a request. 950 C.M.R. 32.07(2)(b). As Mr. McCarter appears to not have objected to the City’s fee estimate, please note 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 provided a fee estimate which must be paid before the records are released to Mr. McCarter. See 950 C.M.R. 32.07(2)(b). This office encourages Mr. McCarter to communicate directly with the City in order to arrange payment and receipt of the records responsive to his request. Also, if Mr. McCarter wishes to appeal the City’s fee estimate, he may do so within ninety (90) days, describing his specific objections to the City’s response. See 950 C.M.R. 32.08(1).

Grace Jung SPR25/2731 Page 4 October 1, 2025 Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Brian McCarter