Brian Foley v. Boston, City of - Public Records (SPR 20253235)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2025 SPR25/3235 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 Foley 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 19, 2025, Mr. Foley requested the following: [1] The number of students placed in K0, K1, & K2 at the Eliot School during the 24-25 school year which BPS assigned to students without these students going through the lottery system (i.e., there were 149 seats in K0-K2 for the 24-25 school year – the information I am looking for is how many of these 149 placements were assigned via the lottery system and how many were manually assigned via a BPS policy that allowed a student to override the lottery?). This shall be broken down via zip code[;] [2] the zip code composition of the waiting list for K0, K1, & K2 at the Eliot School for the 24-25 school year (latest wait list available which I believe would have been Jan. 31, 2025)[;] [3] The student composition by zip code of the Warren Prescott School for the 24- 25 school year (latest wait list available which I believe would have been Jan 31, 2025)[;] [4] The zip code composition of the waiting list of K0, K1, & K2 for the Warren Prescott School for the 24-25 school year (latest wait list available which I believe would have been Jan 31, 2025)[;] [5] The student composition by zip code of the Harvard Kent school for K0, K1, & K2 for the 24-25 school year(same as what was provided to me on 8/18 for the Eliot School)[;] [6] The zip code composition of the waiting list for K0, K1, & K2 for the Harvard Kent School for the 24-25 school year (latest wait list available which I believe would have been Jan 31, 2025). 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 SPR25/3235 Page 2 November 14, 2025 Previous Appeal This request was the subject of a previous appeal. See SPR25/2822 Determination of the Supervisor of Records (October 3, 2025). In my October 3rd determination, I ordered the City to provide Mr. Foley with a response to his request. The City responded on November 3, 2025. Unsatisfied with the City’s response, Mr. Foley appealed, and this case SPR25/3235, 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 November 3rd Response In its November 3, 2025 response, the City provided responsive records. Current Appeal In his November 4, 2025 petition to this office, Mr. Foley stated, “[t]he City has failed to respond to my records request…I asked for the enrollment by zip code for each grade and BPS did not provide this. I asked for the exact numbers of students placed at the Eliot by zip code and BPS provided approximate numbers…I asked for the numbers on how many students are placed at the Eliot without getting a winning lottery number…These are records BPS possess and are in their control, accordingly they are public records that need to be disclosed when asked...” Based on Mr. Foley’s petition, 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

Grace Jung SPR25/3235 Page 3 November 14, 2025 request. See G. L. c. 66, § 10(a)(ii). Consequently, the City must clarify whether it possesses additional responsive records. Conclusion Accordingly, the City is ordered to provide Mr. Foley 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. Foley 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 Foley