Colman Herman v. Boston, City of - Public Records (SPR 20253422)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2025 SPR25/3422 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 Colman Herman 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 November 15, 2025, Mr. Herman requested, “... copies of any and records [sic] containing the names of any and all donors to Boston Family Days in 2025.” The City responded on November 17, 2025, and assigned the request reference number R006241-111725. Unsatisfied with the City’s response, Mr. Herman petitioned this office, and this appeal, SPR25/3422, 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. 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 SPR25/3422 Page 2 December 4, 2025 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. Current appeal In his appeal, Mr. Herman states, “[o]n information and belief, individuals and companies have made more recent donations to Boston Family Days.” The Department’s November 17th response In its November 17, 2025 response, the Department asserted, “[p]er our conversation on October 8th and October 14th 2025 regarding a similar request R004514-090225, the records we have previously provided you with are the most updated versions. The previously provided records are attached for your convenience. There are no further responsive records to your request. This request will be closed.” In a supplemental response dated December 2, 2025, the City confirmed that “Mr. Herman has received the most updated version of the records, and that there are no further responsive records.” No Duty to Create Records Under the Public Records Law, the City is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Accordingly, where the City has confirmed that it has provided “Mr. Herman the most updated version of the records, and that there are no further responsive records” and the City has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Mr. Herman is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman